Criminal Procedure Code, 1973, Section 482, 468, , Section 3(k), 17, 18, 33 - - Quashing of complaint - Sample of pesticide - Limitation - Maximum sentence which can be awarded in this complaint is two years - Period of limitation if computed from the date of report of analyst or even from date of registered letter written to the manufacturer the same is far beyond the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment has challenged three registered documents on various grounds - Merit or demerit of his contention cannot be considered at this stage - Same is liable to be allowed if a valid case for amendment is made out in order to decide real dispute between parties - Since the facts..........
Evidence Act, 1872, Section 92 -- Proviso 1 - Oral evidence - Admissibility - Documents never intended to be acted upon as it was a loan transaction, which was orally entered into between parties though it is not so recorded in the documents - Matter therefore, clearly covered by Proviso 1 thus it is permissible by Court to take into consideration the oral evidence, even..........
Evidence Act, 1872, Section 92 -- Proviso 2 - Parol evidence - Admissibility - Where a contract or disposition not required by law to be reduced into writing has been arrived at orally then existence of any distinct subsequent oral agreement modifying or rescinding the said contract or disposition can be substantiated by parol evidence such evidence is admissible -..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift of immovable property - Transfer of possession - Held, transfer of possession of property covered by registered instrument of gift duly signed by donor and attested as required is not sine qua non for making of valid gift under provisions of T.P. Act, 1882 - S.123 of the Act supersedes rules of Hindu Law insofar as..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift of immovable property - Validity - Execution of registered gift deed and its attestation by two witnesses not disputed - Donee has accepted gift - Recitals in gift deed also prove transfer of absolute title in gifted property from donor to done - Only right to use property during lifetime of donor retained - Held, it..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........
Drugs and Cosmetics Act, 1940, Section 28, 18(a)(vi) -- Manufacturing and sale of drugs - Recovery of drugs like Dettol, Boric Acid etc. - Two notices were served on accused by registered post to disclose source of purchase such as bills, details of sale and drug licence - Neither accused submitted reply to notices served nor they submitted bills/drugs licence - Accused..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Illegal gratification - Quashing of FIR - Petitioner contended that complainant and Investigating Officer are one and the same and that the very FIR therefore is liable to be quashed - Contention rejected as FIR was registered on the source information and investigating officer proceeded on that basis...........
Transfer of Property Act, 1882, Section 111(g) -- Sub-tenancy - Eviction suit - Plaintiffs were found to be absolute owners with valid title under registered sale deed - Tenants denied title of plaintiff-landlord and thus forfeited right of tenancy - Plaintiff, held, entitled to possession of suit premises - Suit rightly decreed...........
