Consumer Protection Act, 1986, Section 24A -- Complaint - Limitation -Continuing cause of action - Airlines -Loss of baggage - Matter arisen from an incident of 17.07.1997 - Protracted correspondence between the appellant and respondents/OP starting with his letter 14.12.1998 and their reply of 27.04.1999 - Respondent paid for loss of baggage in September, 1999 and towards..........
Prevention of Food Adulteration Act, 1954, Section 7(iv), 23(1), 23(1A)(f), Prevention of Food Adulteration Rules, 1955, Rule 44.1 -- Universal salt iodisation - Whether Rule 44.1 of the Rules travels beyond the scope of the Act? - The Act cannot be used to make a rule intended to achieve an object wholly unrelated to the Act - The good intention of the rule making..........
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will -- Legitimacy of child - Presumption - DNA test - Birth during continuance of valid marriage - Held, conclusive proof of legitimacy of child born - Conclusiveness of such presumption cannot be rebutted by DNA test - Proof of non-access to each other is the only way to rebut that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof - Mere fact that cheque produced in Court came from possession of complainant alone is not sufficient to prove execution, even though it may be one of the circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Drawn' - There must be a pleading and proof that cheque was drawn or executed by accused - Mere fact that cheque is produced in Court by complainant is not sufficient to prove execution, even though it may be one of the circumstances - In the absence of proof of fact of drawing, an accused cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons served on predecessor in title of defendant - Not sufficient service - Ex parte decree set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105 -- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 28 days in filing complaint - Condonation - Complainant being the only son of his father could not file the complaint in time as his father had suffered a fracture - Complainant is not required to explain delay of each and every day - It is sufficient if sufficient cause for delay is given..........
Constitution of India, 1950, Article 226, 227 -- Negotiable Instruments Act, 1881, S.138 & 141 - Dishonour of cheque - Offence by company - Complaint - Prosecution of directors - Quashing of proceedings - Complainant has made specific and clear averments that cheque in question came to be issued by accused when present petitioners were in-charge and responsible for..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Proof of - Held, no evidence on record to show that deceased was subjected to physical cruelty in past - No complaint filed at any point of time regarding cruelty in past - Held, simply because in past, accused and his wife used to quarrel, itself is not sufficient for attracting provisions of S.498-A of IPC - Considering..........
