Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defective demand notice - Renders entire proceedings suffering from incurable illegality - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Issued in the name of a different person altogether - Defective demand notice renders entire proceedings suffering from incurable illegality - Proceedings quashed. (Pars 8 & 9)..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Contention that doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted - Contention rejected, as Doctrine of lis pendens kicks in at the stage of `institution' and not at the stage when notice is issued by Court - Thus,..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Defective investigation - Three bullets were fired at the injured - However, only one retrieved bullet had been sent to FSL with there being no explanation of what happened to other two bullets - Incident of firing stands corroborated by recovery of bullet from the body of injured - I.O. has chosen not to..........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18B, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Recovery of 4.400 Kgs. of contraband opium - Contraband remained in the custody of preventive squad for about 24 hours without any legal action and during this period a long distance from one State to another was covered..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418 -- Quashing of FIR - Cheating - Sale of defective car - Manufacturer of car offered to replace old car with brand new car in compliance with order of High Court - However, this was not acceded to by complainant - Old vehicle was admittedly returned to erstwhile dealer by complainant -..........
Consumer Protection Act, 1986, Section 12, 2(1)(r) -- Consumer complaint - Unfair trade practice - Defective car - Car in question was not used for commercial purpose - Car met with an accident and none of airbags opened at the time of accident as a result driver suffered grievous injuries - Nothing on record produced by appellants to show that they had disclosed either in..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation cannot be a ground to cat away the testimony of witnesses, which is otherwise proved...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Defective investigation - If at any time, defective investigation comes to light during the course of any trial or inquiry, then same may be cured by directing further investigation and for this purpose, any appropriate writ direction or direction u/art 226 of Constitution or under..........
