Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 27A, 20, 60, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Contraband recovered falls in the category of Commercial Quantity which attracts S.37 of NDPS Act - However, petitioner has undergone actual custody for a period of more than three years and challan in the case..........
Arms Act, 1959, Section 17 -- Arms License - Cancellation - License of petitioner cancelled on the ground that he used the weapon at public place in contravention of R.32 of Arms Rules - However, neither place where firing took place has been defined nor date or time has been defined by licensing authority or appellate authority - There is no admission on the part of..........
Probation of Offenders Act, 1958, Section 4, 12 -- Benefit of probation - Removal of disqualification attached to conviction - When benefit of S.4 of the Act is granted to appellant and other co-accused persons, grant of benefit of S.12 is consequential...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - College cannot be equated to a Company or a partnership firm in order to hold Principal of college, who is authorised signatory of cheque, vicariously liable on behalf of collage...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Concept of vicarious liability as contemplated u/s 141 of the Act, cannot be imported in cases which does not fall within ambit of Company or a partnership Firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by A-1/principal of college, in the capacity of authorised signatory - A-1 did not give the cheque in his individual capacity towards the debt or liability that was owned by A-1 towards the complainant - Liability in question was only liability of college and its management and not of A-1..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A-2 was the Managing Trustee of college and based on agreement entered into complainant had undertaken the construction activity and as a result an amount became payable to complainant - A-2 having been shown as managing trustee must be held responsible for settling debt/liability incurred to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Generic and vague allegations levelled by husband - Court below has not erred in negating plea of cruelty in absence of any date and occurrence specification and in absence of any evidence led either by husband or his mother to establish any specific act of cruelty either mental or..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Period of desertion must be continuous for more than two years before filing divorce petition - Since, divorce petition filed within two years of desertion, same may not entitle husband to seek dissolution of marriage - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Ground of irretrievable break down of marriage is not a statutory ground to dissolve a Hindu marriage...........
