Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Recovery of 37 Kg of 'poppy husk' - Accused alleged to have been sitting on 15 bags containing contraband - No case of personal search made out - Section 50 will not be attracted - High Court erred in holding that provision of Section 50 will apply...........
Indian Penal Code, 1860, Section 302, 34 -- Not possible to pin point the person who dealt the fatal blow to each of the deceased - However, when evidence indicates that the three accused had repeatedly given blows with lathi, farsi and tanchia and it is not possible to identify and ascribe a particular injury to a particular accused then accused can be convicted under..........
Indian Penal Code, 1860, Section 302, 304 -- Intention to ambush, attack and kill the persons who were coming to protest about the unlawful construction of the bund - Held, situation is covered by Section 302 and not by Section 304...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Police is not empowered to investigate into a complaint involving an offence under Section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420 -- Dishonour of cheque - Insufficient funds - Offence is covered u/s 138 NI Act - Provision of Section 420 IPC is not attracted unless mala fide intention of the person issuing the cheque is established - Dishonest intention and misrepresentation are to be specifically indicated to..........
Criminal Procedure Code, 1973, Section 204, 482 -- Complaint - Cognizance taken - Same cannot be faulted on the ground that Magistrate had not referred the matter to police for investigation under Section 156(3) of Cr.P.C...........
Negotiable Instruments Act, 1881 -- 138 & 142 - General Clauses Act, 1897, Section 9 - Limitation Act, 1963, Section 12 (2) - Dishonour of cheque - Limitation - In computing the period of limitation in any suit etc. the day from which such period is to be reckoned shall be excluded and similar provision has been made in Section 12 (2) for appeal etc. - Same principle is..........
Criminal Procedure Code, 1973, Section 267, 2(h) -- Permission sought to remove accused from judicial custody to policy custody for completion of investigation in another case - Police can seek permission - For this purpose production warrant u/s 267 Cr.P.C. can be issued - Expression 'other proceeding' used in Section 267(1) and 'for the purpose of any proceedings'..........
Criminal Procedure Code, 1973, Section 438 -- Legality of the proposed arrest cannot be gone into in an application under section 438 of the Code...........
Motor Vehicles Act, 1988, Section 147(5), 157(1)(2) -- Transfer of insurance policy - On transfer of vehicle - When a vehicle is transferred to another but policy is not transferred in the name of such person i.e., transferee, insurance policy is deemed to have been transferred to such transferee - Non compliance of Section 157(2) of the Act does not invalidate the..........
