Negotiable Instruments Act, 1881, Section 141 -- Dishonour of cheque - Agency - Principle of agency is a concept of civil liability which cannot be extended to fix penal liability when penal provision does not allow Court to do so...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cannot be directed by Magistrate suo moto or on an application filed by complainant or accused, after cognizance has been taken on the basis of police report - Such course is open only on the request of Investigating Agency and that too in circumstances warranting further investigation on the..........
Investigation -- Reluctant by public persons to join police proceedings - Court cannot ignore this handicap with which investigating agency discharge its duties...........
Criminal Procedure Code, 1973, Section 157, 173(5), 311 -- Summoning of witness - For proving purchase receipt - There is failure of investigating agency to ascertain IMEI number of seized mobile phone during investigation and even, Court failed to ascertain such number prior to handing over custody of seized phone to PW1 - Said failure is not mere irregularity of..........
Arbitration and Conciliation Act, 1996, Section 75, 81 -- Confidentiality - Evidence of demarcation report made by a government agency in the course of conciliation proceedings - Allowed - A litigant cannot possibly object to the evidence of a fact that is independent of or separate from a settlement offer - Demarcation report has its genesis only in the conciliation..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bomb blast - Criminal conspiracy - Successive bail applications - Accused being Army Officer provided explosives with common object of causing bomb blast - Variations found in charge sheets filed by Anti-Terrorist Squad (ATS) and National Investigation Agency (NIA) - Trial likely to take long time and accused is in..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Applicant is not complainant, as complaint in question was instituted by his mother - Further investigation cannot be directed at instance of applicant, as trial Court had already framed charges and taken cognizance of case against accused - Moreover, prayer for further investigation was not at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Recovery effected at the instances of A1 and A2 - A3 who was the mastermind in supplying the contraband could not be arrested at the spot or soon thereafter - He surrendered in the Court but nothing incriminating was recovered from his possession or at his instance - A3's..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Mere seizure of weapon from person does not establish nexus between offence and person from whose possession weapon is seized, unless prosecution establishes that it is with that weapon that offence is committed - In the instant case, investigation agency failed to..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........