Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 154 -- Poppy husk - Recovery of 10 Kgs. by police party on patrol duty - Accused acquitted on the following grounds : (i) Sole independent witness though allegedly won over was not examined and thus there was no occasion to confront the independent witness with his earlier..........
Civil Procedure Code, 1908, Section 89 -- Cases suitable for ADR process are : (i) All cases relating to trade, commerce and contracts, including (a) disputes arising out of contracts (including all money claims); (b) disputes relating to specific performance; (c) disputes between suppliers and customers; (d) disputes between bankers and customers; (e) disputes between..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178, 201 -- Dishonour of cheque - Territorial jurisdiction - Held, there are five essentials of offence u/s 138 of the NI Act - (i) Drawing of cheque; (ii) Presentation of cheque to bank of payee; (iii) Return of cheque unpaid by drawee bank; (iv) Giving of notice to drawer of cheque..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk from Maruti van - Appellant seated on back seat - Driver acquitted - Appellant also acquitted - Observed following infirmities:- (i) Seal after use not given to independent witness; (ii) Form 29 not prepared at spot; (iii) Nine days delay in sending sample to laboratory; (iv) Two..........
Criminal Procedure Code, 1973, Section 438, 389 -- Bail or suspension of sentence during pendency of appeal - (a) long pendency of trial or an appeal after conviction would be a consideration for grant of bail; (b) Delay in conclusion of trial is one of the considerations for grant of bail and in case accused is responsible for the delay then no relief can be granted; (c)..........
Motor Vehicles Act, 1988, Section 166, Punjab Land Revenue Act, 1887, Section 69 -- Accident - Compensation - Execution - Female - Warrant of arrest against a lady, minor, lunatic or idiot cannot be issued - Issuance of warrant of arrest against J.D. No.2 who is a lady, set aside...........
Bandh/agitation/hartal -- Destruction of property - Damages - Assessment - In absence of legislation, the following guidelines are to be adopted to assess damages: (I) Wherever a mass destruction to property takes place due to protests or thereof, the High Court may issue suo motu action and set up a machinery to investigate the damage caused and to award compensation..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Scope - For applicability of the provision conditions required to be fulfilled are : Whoever with intent (i) to overawe the Government as by law established; or (ii) to strike terror in the people or any section of the people; or (iii) to alienate any section of the people; or (iv) to adversely..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Joint Commissioner of Police - Offence u/s 120-B, 216, 218, 221 IPC and u/s 3(2), 3(5) and 24 of MCOC Act and u/s 7 and 13(1)(d) of Prevention of Corruption Act - Appellant found involved in counterfeit stamp case where principal accused was one Telgi - Bail application rejected by High Court by holding that material..........
Indian Penal Code, 1860, Section 364A -- Ingredients of offence u/s 364-A IPC are : (i)That the accused kidnapped or abducted a person; or ; (ii) That the accused kept such person under his detention; (iii) That the accused threatened to cause death or hurt to such person or caused death or hurt to him; (iv) That the accused did commit so as to compel (a) the Government;..........
