Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused claims that he is the only son of his aged parents who are ill and require constant attention - However, no document is filed in this regard - Accused is a relatively young man aged about 38 years - Residence and business of accused is in the same city - There is no undue hardship in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 76.700 gms Ganja from luggage box of bus - Nothing was seized from the hands of accused or from pant pockets or from their body parts - There was no personal search - When there was no personal search, S.50 of the Act does not operate - Question of compliance of S.50 of the Act does not arise...........
Criminal trial -- Two different versions of recovery of pistol in the memo of personal search and memo of possession, demolish the case of prosecution...........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Recovery of pistol from accused - Nothing on record either in the form of statements of witnesses or even medical report that pistol was ever used - Nothing was recovered from accused as per memo prepared at the time of his personal search - However, in..........
Will -- Attestation - To be an attesting witness, it is essential that witness should have put his signature for the purpose of attesting that he has seen the executant sign or has received from a personal knowledge of his signature - If a person put his signature on the document for some other purpose, he is not an attesting witness...........
Adverse remarks -- Expunging of - Adverse remarks were made by High Court against appellant No.2 who is senior IPS officer and appellant No.3/district collector during pendency of bail proceedings of respondent - Appellant No.2 is conducting investigation and has no personal involvement with the case - Moreover, no evidence against appellant No.2 has been analyzed by..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - During pendency of proceedings Company was dissolved - Signatories/directors cannot escape from their penal liability u/s 138 of the Act by citing its dissolution - What is dissolved is only company, not personal penal liability of accused covered u/s 141 of the Act...........
Criminal Procedure Code, 1973, Section 457, 102 -- Release/de-freezing of bank account - Neither ingredients of S.102 Cr.P.C are existing to empower Police Officer to seize bank accounts of petitioner nor any nexus or link is pointed out, much less established by investigating agency between offence committed by accused and operation of bank accounts concerned - There is..........
