Negotiable Instruments Act, 1881, Section 138, Constitution of India, 1950, Article 136 -- Dishonour of cheque - High Court convicted accused in an appeal against acquittal - Power of Supreme Court under Article 136 of the Constitution do not encompass re-appreciation of entirety of record merely on the premise that High Court has convicted accused for the first time in..........
Negotiable Instruments Act, 1881, Section 138, Constitution of India, 1950, Article 136 -- Dishonour of cheque - High Court convicted accused in an appeal against acquittal - Power of Supreme Court under Article 136 of the Constitution do not encompass re-appreciation of entirety of record merely on the premise that High Court has convicted accused for the first time in..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Constitution of India, 1950, Article 227 -- Application u/s 12 Act of 2005 - Magistrate exercising jurisdiction under Chapter IV of Act of 2005 is certainly a subordinate Court for the purposes of Article 227, and a petition under Art.227 of the Constitution is available to challenge the proceedings under..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227 -- Application u/s 12 of Act of 2005 - Quashing - A petition to quash an application u/s 12 Act of 2005 is maintainable only by way of a petition under Article 227 of the Constitution and not under S.482 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- First Proviso - Confiscation - if article or thing seized in a case involving narcotic drugs or psychotropic substances is established as belongs to accused himself in the trial held against him, trial court shall decide on the liability of those to confiscation in the very same proceedings itself..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Entrustment of stridhan - Quashing of order framing charges - Allegation against accused/brother-in-law of complainant - Highest allegation of complainant regarding entrustment of her stridhan article was against her mother-in-law, who has passed away - Nothing on record..........
Live-in-relationship -- Protection of life and personal liberty - Police protection - Both the petitioners are major and they have a right to live their life on their own terms - Petitioners cannot be denied enforcement of their fundamental rights for protection of life and personal liberty as envisaged under Article 21 of the Constitution of India, merely for the reason..........
Central Goods and Services Tax Act, 2017, Section 2(52), Constitution of India, 1950, Article 32, 14, 19(1)(g) -- Lotteries - Tax - Challenge to provisions of Central Goods and Services Tax Act, 2017 insofar as it imposes tax on lottery - Writ petition alleging violation of Article 14 specially with respect to parliamentary Act can very well be entertained under Article 32..........
Central Goods and Services Tax Act, 2017 -- Schedule 3, Item 6 - Actionable claims - Exclusion of lottery betting and gambling from Item No.6 Schedule II of Central Goods and Services Tax Act, 2017 is neither hostile discrimination nor violative of Article 14 of Constitution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2.900 kg Ganja - Non-compliance of S.50 of the Act - Contraband was not seized from person of accused - Though body search of accused might have been done in order to ascertain whether any further offensive article was concealed by him in his person - But ganja was seized from bag carried by..........
