Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Verification of signatures from private expert - Even, private expert must be a person of repute having good experience in the field - Court thus, expected to assign the matter to named private expert or it may assign it to State Forensic Science..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
Ranbir Penal Code, 1989, Section 499 -- Defamation - Quashing of complaint - Accused in the capacity as Senior Office bearer has reported allotment of various construction contracts by Works Minister claimed by complainant to be referring to him without tenders or following procedure of Rules and regulations - Expression good faith and public good appearing in S.499..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(3) -- Parole - Temporary/emergency parole - Decision of High Powered Committee constituted by Supreme Court, petitioner released on emergency parole - High Powered Committee specifically observed that no specific directions for not counting period of special parole towards sentence are required to be..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Complaint is only at the stage of investigation - Nothing is pending before any Court as on date - Moreover, there are relevant provisions in Cr.P.C such as S.160 Cr.P.C. which act as a safeguard - No good ground to transfer of investigation - Application rejected...........
Service -- Promotion - Annual Confidential Report (ACR) gradings - Un-communicated adverse ACRs may be even with "good" entry, which can be said to be adverse in the context of eligibility for promotion is not be relied upon for consideration of promotion...........
Evidence Act, 1872, Section 137 -- Evidence untested by cross examination - Cannot be rejected as inadmissible - Correct rule is that evidence is admissible but weight to be attached to such evidence should depend on circumstances of each case and that though in some cases Court may act upon it, if there is other evidence on record, its probative value may be very small..........
Civil Procedure Code, 1908, Order 5, Rule 1, Civil Procedure Code, 1908, Order 29, Rule 2 -- Service of summons at corporate office of Company - Service is valid and good service when summons alongwith plaint have been duly received at such office - O.29.R.2 CPC does not limit service of summons to registered office of Company alone...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Stay of execution proceedings till disposal of first appeal - Petitioner has preferred an appeal as against judgment and decree passed in suit and he has having good case in appeal - Direction issued to First Appellate Court to dispose of appeal within a period of eight weeks...........
Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
