Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........
Criminal Procedure Code, 1973, Section 256 -- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........
Indian Penal Code, 1860, Section 149 -- To hold a person vicariously liable under Section 149 I.P.C. for a particular offence committed by an unlawful assembly it has to be conclusively proved that he was a member of the unlawful assembly at the time of commission of that offence - If the person arraigned ceases to be a member of the unlawful assembly before commission of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration to be owner in possession with consequential relief of permanent injunction restraining defendant - Bank from selling property for realisation of debt claiming to have been cultivating suit land as tenant - at - will under erstwhile owners, purchased tenancy land under Section 18 Punjab Security of..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 - Bail - Alleged recovery of Charas weighing about 450 grams - Search allegedly carried out in the presence of DSP - No independent witness joined - Submission that there has not been strict compliance of provisions of Section 50 of the 1985 Act - Held that..........
Indian Penal Code, 1860, Section 302, 34 -- Juvenile Justice Act, 1968, Section 2(h) - Revision petition - Respondent held to be a Juvenile Offender and ordered to be tried separately by the Court under Juvenile Justice Act - During the period of investigation and till the statement under Section 313 Cr.P.C. were recorded, the respondent never indicated that he was known..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397 -- Dishonour of cheque - Question raised is whether notice of demand for payment issued by payee, is time barred or not - Held, it is a question of fact which has to be decided by trial Magistrate - Bar against revision under Section 397 cannot be defeated by invoking inherent..........
Assam Disturbed Areas Act,1955 -- Validity thereof - Held that the State Act is, in pith and substance, a law in respect of maintenance of public order enacted in exercise of the legislative power conferred on the state legislature under Entry I of List II. (Para 79(22). Assam Disturbed Areas Act, 1955, Sections 4 and 5 - The Expression "or any officer of the Assam Rifles..........
Assam Disturbed Areas Act, 1955, Section 4, 5 -- The Expression "or any officer of the Assam Rifles not below the rank of Havildar" occurring in Section 4 and the expression "or any officer of the Assam Rifle not below the rank of Jamadar" in Section 5 of the State Act have been rightly held to be unconstitutional by the Delhi High Court since Assam Rifles are a part of..........
Criminal Procedure Code, 1973, Section 389 -- Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Suspension of sentence - Bail - Provisions of Section 50 not complied with - Not brought in evidence whether memo Ex.PB. which was thumb marked by the accused petitioner was read over and explained to him in the presence of an independent..........
