Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability arises only when Company or firm commits the offence as primary offender - Unless the company or firm commits the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable...........
Indian Penal Code, 1860, Section 143, 147, 148, 427, 452, 302, 149, Explosive Substances Act, 1908, Section 3 -- Murder - Conviction - The High Court upheld the conviction of A2, A4, A5, A8, and A9 for offences under Sections 460, 148, 302 read with 149 IPC and Section 427 IPC and Section 3 of the Explosives Substances Act and allowed by overturning the acquittal qua A10..........
Bar Council of India Rules -- Training Rules - Challenged the validity of the Rule, prohibiting enrollment as an Advocate unless he/she is eligible to do so on having undergone training under the Rules - The Rules 47 to 49 of Part VI, Chapter II, Section VII of the BCI Rules stipulate that a person who was entitled to practice would not be engaged in any other employment..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Recovery of 24,000 bottles of Phensedyl cough syrup - Non-examination of I.O - Accused was the driver of vehicle from which a large quantity of contraband was seized - Customs officials intercepted the vehicle and found accused to be only person therein - Safe keeping of goods has been proved upon by..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - If he was not certain about the marriage, he is bound to disclose that fact to the woman - If such fact was not disclosed, consent may fall under the category of `misconception of fact' and the consent would be vitiated under Section 90 of the IPC - Misconception of fact to vitiate consent as referred under Section..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 376 -- Presumption - Rape - In order to give rise to the presumption under Section 114-A of Evidence Act, in context of prosecution on a promise to marry, the woman has to state in her evidence that the promise was false with necessary elements at the time of the sexual act or has to state that..........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Suit property divided in 1982 and parties have taken the property to be enjoyed as their exclusive and absolute property - Property had thus, lost the character of coparcenary property - Since division was effected prior to amendment of S.6 of Hindu Succession Act, said section is thus has no..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
