Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Validity of cheques - Cheques contained the caption of "Not over Rs.10,00,000" - Amount mentioned in cheques exceeding to Rs.10 lakhs - Cheques were rightly held, as invalid cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Issuance of cheques pursuant to settlement agreement - Two cheques mentioned in agreement does not specifically disclose one for Rs.34,50,000 and another for Rs.35,00,000 and there is no mention with regard to cheque numbers, date and amount in agreement - Trial Court therefore, rightly held that it..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheques - Presumption u/s 139 of the Act - Issuance of cheques pursuant to settlement agreement - Agreement disclosed that cheques were issued only for security purpose - Trial Court after verifying cheques found that signatures of accused on cheques are different from other writings in cheques - It appears..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - Prosecutrix is consistent that both of accused had lifted her from her house and both were present at the time of occurrence of rape - Accused `N' cannot be absolved of his criminal liability as an abettor - Testimony of prosecutrix is corroborated by..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - Reduction of sentence - Accused `L' has died while serving out the sentence - Accused `N' is in custody since 2014 and has almost completed more than six years of sentence awarded - Moreover, since charge proved against accused `N' is of an abettor,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Does not require to be attested...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendant denied his signature in suit promissory note - Burden therefore, lay on plaintiff to establish that suit promissory note was actually executed by defendant - Though, promissory note does not require registration, however, promissory note in question is attested by two witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Explanation - Public place - Private vehicle does not come within expression `public place' as explained in S.43 but comes u/s 42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Total non compliance of S.42 of the Act - Impermissible - Accused acquitted...........
