Criminal Procedure Code, 1973, Section 24, 301 -- Public Prosecutor - Appointment - Criminal case registered at place `T' but trial of case transferred to place `K' - Trial Court of place `K' held the trial and passed the order - Appeal before High Court - Place `K' is sole prosecuting agency and it was alone authorised to appoint public prosecutor - Place `T' has no..........
Will -- Suspicious circumstance - Will was duly registered - One of attesting witness of Will stated that he saw testator signing the Will and that he signed the same in his presence - Presence of attesting witness cannot be held doubtful - No adverse interference can be drawn merely because all the attesting witnesses have not been examined to prove Will - Will, held,..........
Will -- Probate - Testator was mentally and physically fit when he signed the Will - No evidence to prove that testator was so feeble that he could not attend the registration office to have his Will registered - Mere pleadings in the written statement regarding disability of testator cannot substitute hard evidence - There is no evidence at all led by Respondents to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68Z, 68H -- Release of seized property - Order of forfeiting/seized properties cannot be sustained as : (i) detention order passed as a preventive measure against the suspect has lapsed and (ii) in the case registered under NDPS Act, suspect has earned acquittal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(1)(d), 25A, 38 -- Company imported controlled substance without obtaining `no objection certificate', which is violation under Regulation 11 of Order - Even, criminal case under NDPS was registered and report was filed before Special Judge - Moreover, writ was also filed before High Court that rejection of..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 2(d) -- Cheating - FIR registered by Inspector of Police attached to Lokayukta Police Station on the basis of facts published in the newspaper - An inspector of police who is on deputation to Lokayukta has got every power u/s 2(d)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c) -- Recovery of 3.500 kgs charas - Vicarious liability - Recovery effected from vehicle from beneath the front seat occupied by accused - Plea of driver/accused that he was unaware of the fact that other accused persons occupying other seats were carrying contraband, rejected as the factum of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Quashing of proceedings - Notice received back with endorsement `addressee left the place' - Thereafter notice sent by Court upon registration of private complaint also returned with different endorsement `accused went outside' - Deliberate evasion of receipt of registered notice would amount..........
Words and phrases -- Whenever a statue uses the words `served' or `give' or `sent', unless a different intention appears, notice would be presumed to be served `properly', if it is sent on proper/correct address by registered post...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transfer pendente lite - Impleadment - Suit for specific performance - Impleadment of subsequent transferee is necessary for effective and complete adjudication and to settle all questions involved in the suit - No doubt impleadment at this stage would cause delay but ends of justice would be adequately met in case suit is..........
