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Showing : 91-100 of 257 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Registration Act, 1908, Section 17, 35(3)(a) -- Power of attorney executing a document but principal denying its execution - By executing power of attorney principal does not lose the right to deny execution - When principal himself denies executing before the Registering Officer when the document is presented for registration by a power of attorney, a Registering Officer..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of smack from possession of accused - Accused was informed that a Gazetted officer or a Magistrate could be arranged for taking his search, if he so required - Held, this intimation could not be treated as communicating to accused that he had a right under law to be searched before said..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Interested witnesses - Testimony of - Held, It is a settled principle of law that merely because witness is a relative or friend of deceased, it would not be a sufficient ground to discard his statement - Once prosecution has been able to prove its case by leading admissible and cogent evidence..........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued by a company dishonoured - Who may be prosecuted for offence committed by company - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to..........

JHARKHAND HIGH COURT

Year of decision: 2011
Details

Essential commodities Act, 1955, Section 7 -- 275 bags of wheat and 8 bags of rice recovered from house and godown of petitioner - Informant, Block Supply Officer suspected that said food articles belonged to Food Corporation of India - Proceedings initiated u/s 7 of the Act - Petition for quashing proceedings - No specific allegation of violation of any control order or..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 161, 162 -- Information or statement made before the investigating officer u/s 161 Cr.P.C. requires corroboration by sufficient evidence - In the absence of any corroboration thereof, it would merely be a case where some witnesses had stated a particular fact before the investigating officer and the same remained inadmissible in law,..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Investigation by an officer not authorised by law -- A defect or irregularity in investigation, however serious, has no direct bearing on the competence or procedure relating to cognizance or trial - Where cognizance is taken and case proceeds, the invalidity of the precedent investigation does not vitiate the result, unless a miscarriage of justice has been caused thereby..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 306, 479, Prevention of Corruption Act, 1988, Section 5(2) -- Recording of evidence of a person as per S.5(2) of the act and tendering pardon - Held, a judicial function performed by a Judicial Officer cannot lead to presumption that he was personally interested in the trial or has become a party to the case to attract provision of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Northern India Canal Drainage Act, 1873, Section 33, 69 -- Unauthorised irrigation - Penalty - Before making imposition of penalty u/s 33 of the Act and fixing the liability, an inquiry must be held - Divisional Canal Officer is authorized to hold such inquiry and to pass appropriate orders - Provision of S.69 of the Act make it obligatory that every inquiry held would be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Malicious prosecution -- Compensation - Accused faced criminal proceedings for about 11 years - Entire story set up by complainant and prosecution not only highly improbable but on the face of it false and incorrect - Complainant and State to pay Rs.50, 000/- 50, 000/- to each accused or their L.R's for facing malicious and fake criminal case and for facing humiliation in..........

Showing : 91-100 of 257 Results