Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Documents in question was within knowledge of petitioner at the time of adducing his evidence before trial Court - However, same was not produced at that stage - Proposed additional evidence appears to have no relevance..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Entire issue involved in the main suit revolving around Will - Recall of witness regarding application submitted by plaintiff No.2 to Tehsildar by enclosing Will and relevant documents is very essential for just decision of case - Reasons stated by defendants for not filing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Service of notice u/s 106 of Transfer of Property Act and validity of service are issues of facts, which cannot be considered in a second appeal, as second appeal contemplates consideration of substantial questions of law and not mere questions of law...........
Prevention of Corruption Act, 1988, Section 19(3)(a) -- Sanction for prosecution - Validity - Accused cannot be discharged by High Court while going into issue of validity of sanction which is specifically prohibited u/s 19(3)(a) of the Act...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Oral or documentary admission not forming part of formal mechanism provided by O.12.Rr.3A, 4, 5 CPC or pleadings, must, at the very least, be duly proved as evidence in accordance with Evidence Act and satisfy the rigorous test of conclusiveness before it can become bedrock for a decree U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Judgment on admission - If there exists an objection, denial or a plea of explanation by party purportedly making the admission, statement cannot be treated as an admission in law sufficient enough to pass a decree under provision of O.12.R.6 CPC or S.58 of Evidence Act - Such disputed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Failure to prove age of victim has weakened prosecution's case under POCSO Act - Conviction of accused persons under POCSO Act is liable to be set aside...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - No allegation of rape was ever brought by victim against A-2 and A-3 - Victim stated they were only present during alleged incident - Since case of kidnapping or rape has not been proved against him as such A-2 acquitted...........
