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KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141, Constitution of India, 1950, Article 72, 226-- Dishonour of cheque - Grant of pardon by President - Judicial review - Accused convicted and sentenced till rising of Court and to pay compensation of Rs.57,97,940/- to complainant and said order confirmed by Supreme Court - Even, President rejected clemency petition after consulting State and..........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 65B, Information Technology Act, 2000, Section 72-- Tape recorded conversation - Admissibility - Matrimonial dispute between parties - Conversation recorded without knowledge of wife, behind her back - It is infringement of right to privacy of wife - It is not only violative of Arts.11, 12 of Constitution, but there is also penalty u/s 72 of..........
PATNA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2)-- Recovery 20 bales ganja weighing 200 kgs along with 100 bags edible makhana weighing 1350 kgs - Non-compliance of S.42(2) of the Act - Neither there is anything to show that information received by Custom havildar was taken down in writing nor grounds for requisite belief recorded - Even, no copy..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, 364, 376, 511, 201, 120B, Constitution of India, 1950, Article 72-- Offence u/ss 302, 364, 376, 511, 201, 120-B - Death sentence - Rejection of mercy petition - Delay of 3 years and 3 months in rejection of mercy petition - No delay or dilatory tactics on part of convict - Execution of death sentence would be unconstitutional as it violates the constitutional..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 413, 414-- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Governing principles - (i) An undue long delay in execution of sentence of death would entitle a condemned prisoner to approach the constitutional Court seeking commutation to imprisonment for life; (ii)..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c)-- Contraband - Merely because case property brought before Trial Court after lapse of 15 years and was not in a good condition, prosecution case may not be disbelieved as due to lapse of such a long time seals and slips as well as signatures might have been damaged - But seals of seized samples were..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 60, 62, 72-- Mortgage - On redemption of mortgage, tenancy created by mortgagee also comes to an end - Mortgagee continuing in possession after redemption as tenant of mortgagor is regarded as a clog on redemption - Position is not different if mortgagee's tenants continue in possession after redemption...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Non compliance of mandatory provision of S.42 of the Act - Requirement not complied with at all entirely and not even within 72 hours of search and seizure being affected - Accused acquitted...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154, 157-- FIR - Ante timed - Non-mentioning of Ss.504 & 506 in inquest report, Report to C.M.S, Photo nash and Challan nash is not sufficient to presume that FIR is ante timed - No adverse presumption should be drawn against prosecution on this ground - Case of prosecution cannot be rejected merely on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 7, Rule 11-- Violation of ad interim injunction - Application U.O.39.R.2-A for implementation of order of injunction and compensation for suffering damages of Rs.72 lacs, by attaching and selling property - Application in no way can be treated as suit for damages - No Court fee can be ordered on application on..........

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