Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Validity - Appellant was not present in second sitting and did not appear till 5:45 P.M. - When appellant had gone in search of his advocate, it was not possible for him to remain present in second sitting - Held, matter could have been adjourned to another day -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Criminal Procedure Code, 1973, Section 274 -- Trial of summon cases - Recording of evidence - Held, evidence will have to be recorded before Magistrate and Magistrate shall record substance of evidence as examination of each witness proceeds...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Non-compliance of S.50 - Statement of Investigating Officer that he has given option to accused to be searched before Gazetted Officer or Magistrate - No reference either in his statement or in memo that at any point of time before personal search of accused he was apprised of his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Issue of process - Reconsideration of - Permissibility - Held, it is not open to a Magistrate (trial Court), having issued process on a complaint filed before him, to reconsider his decision at the instance of summoned accused and dismiss complaint on any ground without entering into trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 50 -- Recovery of Ganja - Search of a person - Held, officer who is to search a person is required to inform that person about his right to be searched by a nearest Gazetted Officer or by a nearest Magistrate - If person gives his consent to be searched before a Gazetted Officer or before a..........
Hindu Marriage Act, 1955, Section 24, Criminal Procedure Code, 1973, Section 125 -- Maintenance pendente lite - Dismissal of petition for grant of maintenance filed u/s 125 Cr.P.C. - Not a bar to grant maintenance pendente lite - Standard of proof and considerations for grant of maintenance u/s.125 of Cr.P.C. are slightly different from consideration for grant of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Disposal - Officer-i, charge of police station or authority shall prepare inventory with full details of description, quality, quantity, mode of packing, marks, numbers to identify contraband - He shall make an application to Magistrate for purpose of, either (a) certifying correctness of..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial or summons trial - When it is summons trial without an order, it would be presumed that it appeared to Magistrate that sentence of imprisonment may be of more than a year...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary trial - Magistrate is required to normally try the offence u/s 138 of the Act summarily but there is no bar to try such matter as summons case...........
