Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Any initial defect as regards authorization at the time of initiation of complaint is a curable defect which can be subsequently cured during the course of trial or even at the appellate stage...........
Criminal Procedure Code, 1973, Section 482, Punjab Land Preservation Act, 1990, Section 4 -- Quashing of complaint - Offence u/s 4 of 1990 Act - Offence by Company - Managing Director, General Manager and Senior Manager - Company has not been arrayed as an accused in the complaint - No allegations worth the name in the complaint that appellants are directly responsible for..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - Locus standi - Father has no right when daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of recovery of her stridhan - Moreover, action was initiated for securing possession of articles and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c) -- Contraband - Export of a psychotropic substance without licence, permit or authorization under governing rules or orders is expressly prohibited...........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2) -- Offence u/ss 13(1)(b), 13(2) of P.C Act - Quashing of FIR - Source report for registering FIR is different from authorization issued by Superintendent of police and source report sent by police inspector and date also differs - Registration of FIR and issuing authorization is non-application of mind - FIR..........
Statute -- Subordinate legislation - Subordinate legislation is determined by empowerment of parent act - Legislative authorization enabling the executive to make rules prospectively or retrospectively is crucial - Without a statutory empowerment, subordinate legislation will always commence to operate only from the date of its issuance and at the same time, cease to exist..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41 -- Contraband - Secret information received by PW2 was limited to anticipation of A-4 carrying contraband from a particular route in an auto rickshaw, remains unchallenged - Accordingly, there was no prior information to the raiding party, including Gazetted Officer that there is contraband in the house of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by Company filed through Director, who initially has no authorization to represent company - Complaint cannot be quashed on said ground, as Company can at any stage rectify such defect...........
