Negotiable Instruments Act, 1881, Section 138 -- Object of Section 138 - Held, Section 138 of NI Act is the speedy, beneficial provision to recover the impugned amount, to punish the defaulter and it cannot possibly be interpreted to create the hurdles to defeat the real cause of justice and public interest to enable the accused to defeat the rightful claim of the..........
Land Acquisition Act, 1894, Section 16 -- Acquisition - Mode of taking possession - (i) No hard and fast rule as to what act would constitute taking of possession of the acquired land; (ii) If the acquired land is vacant, the act of the concerned State authority to go to the spot and prepare a panchnama will ordinarily be treated as sufficient to constitute taking of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 10 -- State of Punjab directed to appraise High Court - whether rules to permit, control and regulate the possession of Narcotic Drugs and Psychotropic Substances (synthetic/natural) under the NDPS Act as are required to be framed under Section 10 of the NDPS Act, have been framed or not which may apply to..........
Criminal Procedure Code, 1973, Section 482 -- The scope and ambit of Court power under Section 482 of the Code are inherent power `ex debito Justicia' to do the real and substantial justice to parties for the administration criminal justice and to prevent the abuse of process of the court...........
Interpretation of Statute -- Proviso - Held, proviso is enacted to qualify something enacted in the enactment - Proviso is to a something which is enacted in the part of a Section - It is to qualify preceding enactment and it cannot normally travels beyond provisions to which it is a proviso...........
Indian Penal Code, 1860, Section 363, 366, 376, Evidence Act, 1872, Section 35 -- Age of prosecutrix - An entry relating to date of birth made in the school register is relevant and admissible under Section 35 of the Evidence Act but the entry regarding the age of a person in a school register is of not much evidentiary value to prove the age of the person in the absence..........
Indian Penal Code, 1860, Section 34 -- Vicarious liability - Applicability - Two factors must be established i.e. common intention and participation of accused in crime - If intention is proved but no overt act committed, section can still be invoked - Phrase `common intention' means pre-oriented plan and acting in pursuance to plan - However, common intention to give..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1 -- Consent decree - Appeal - Maintainability - Held, Sub-section (3) of S.96 of the Code enunciates a salutary principle of drawing to a close, once and for all, further litigation arising from out of a decree passed with the consent of the parties - The litigative zeal of the..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Purpose enumerated in S.357(1)(b) is the same in S.357(3) - The difference being that in a case under sub-section 1, fine imposed forms part of the sentence, whereas, under sub section 3, compensation can be directed to be paid, when fine does not form part of the sentence...........
Uttar Pradesh Regulation of Money Lending Act, 1976, Section 18 -- Suit by money lender - Not completely barred - S.18 provides that no suit on the basis of any loan, agreement or security referred to in sub-section (1) of Section 15 shall be instituted by a money-lender, unless at the time of advancing such loan or making such agreement or taking such security (a) such..........
