Provident Fund Act, 1925, Section 4(1)(b), 4(1)(c)(i), 5, General Provident Fund (Central Service) Rules, 1960, Rule 33(ii) -- General Provident Fund (GPF) - Release of funds to nominee - Nominee has primacy to receive the amounts standing in the name of a depositor upon his death - However, if amount in provident fund account exceeds more than Rs.5,000, nominee is..........
Transfer of Property Act, 1882, Section 54 -- Sale - In sale for an immovable property value of which exceeds Rs.100, three requirements of law are that transfer of property of sale must take place through a validly executed sale deed i.e., it must be in writing, properly attested and registered...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If cheque is dishonoured for following reasons then it will be sufficient for prima facie case for issuing process, viz. (i) case referred to drawer (ii) instruction for stoppage of payment (iii) exceeds arrangement (iv) insufficient fund (v) signature differed or mismatch (vi) account closed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured on account of `Exceeds Arrangement' - However, there is printed instructions on the cheque that it would be valid only for Rs.10 lakhs but disputed cheque was of Rs.12.25 lakhs - It cannot be treated as valid negotiable instrument - Order taking cognizance set aside...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement `Exceeds arrangement' - Payment demanded of outstanding liability - defence of accused not succeeded in rebutting presumption formed in favour of complainant - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Transportation of 26 kgs Ganja - Accused/helper was found on truck containing contraband and he did not make any attempt to abscond - Owner of truck is absconding and driver of truck had made an attempt to flee - Accused is first time offender and he was 22/23 years of age at the time of incident..........
Civil Procedure Code, 1908, Section 25 -- Transfer of testamentary case - Testamentary case is pending in High Court of Uttarakhand and its transfer sought to District Court Delhi - Since Will set up by petitioner covers properties located both in Nainital and Delhi, both these Courts have concurrent jurisdiction - But in view of S.273 Proviso (b) of Succession Act,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Quantum of sentence - Quantity recovered exceeds definition of commercial quantity - Sentence of 2 years R.I and a fine of Rs.50,000 as awarded by High Court held, proper...........
