Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Negotiable Instruments Act, 1881, Section 138, Kerala Court Fees and Suits Valuation Act, 1959, Article 21(a) -- Complaint u/s 138 of N.I. Act - Court fee - It is mandatory for complainants in a prosecution u/s 138 of N.I. Act to pay Court fee u/art 21(a) of KCF & SV Act...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of document - Provision of O.7.R.14(3) is directory and not mandatory...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC places a procedural embargo on reception in evidence of documents which were required to be produced or listed at the time of presentation of plaint but were not so produced - However, provision itself confers discretion upon Court to grant leave for production of documents at..........
Service -- Appointment of Vice Chancellor of University - Search-cum-Selection Committee was constituted without inclusion of nominee of Chairman UGC, which is contrary to mandate of UGC Regulations - Said deviations from mandatory requirements of UGC Regulations not only vitiate constitution of Search-cum-Selection Committee but also strike at the statutory framework..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - PW1 to PW3 stated that immediately on interception, bag of accused was searched and contraband detected - Consent letter was signed after detection was made and then confession was alleged to have been made - Attempt is to say that detection was separate from actual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - However, recovery Mahazar does not indicate a bag in which contraband is said to have been smuggled into India - Inconsistencies in evidence of PW1 to PW3 are not minor and are glaring enough to raise a..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Provision u/s 143-A of the Act is directory and not mandatory...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement to inform a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
