Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Cheque amount is only Rs.65,000/- - Contention that sentence awarded by both Courts below, i.e. two years' SI is very high and harsh - Held, it is true that when once accused was found guilty of offence u/s.138 of N.I. Act, awarding of sentence of imprisonment is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Whether petitioner/accused could have been convicted on ground that he issued cheque as general attorney of Proprietorship firm? - Held, yes, vide this power of attorney sole proprietor of Proprietorship Firm constituted petitioner/accused as her lawful general power of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Sufficient averments in complaint as to vicarious liability of partners - A partner whether retired at the relevant time can only be decided after parties lead evidence - Discharge at the threshold u/s 482 Cr.P.C., held, not proper...........
Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Question of paternity - DNA test - Permissibility - Consent is given for DNA test by respondent No.1 in his cross examination before lower Court - Held, question is about the paramount consideration of the welfare of child and to decide the status of 2nd petitioner - As consent is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Imposition of sentence - Validity - Cheque amounts are running in lakhs of rupees - Trial Court found accused persons guilty of offence u/s.138 of N.I. Act - But imposed only meager fine of Rs.5,000/- or Rs.10,000/- against accused persons - Held, very object of enactment of provisions like..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account operated with joint signatures of two persons - Cheque issued with signatures of one person - Not a validly drawn cheque - Offence u/s 138 of the Act is not made out - It may make an offence u/s 420 IPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and sentenced to undergo simple imprisonment for three months and to pay compensation of one lac - Plea of not issuing the cheque - Not acceptable when accused did not take any action that cheque was stolen or that it was forged/fabricated - Sentence modified - Sentence of imprisonment..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Coagulated - Means solidified, clotted, curdled something which has commenced in curdled/solid form...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Offending material when falls in clause (a) then proviso to S.2(xv) does not apply - Proviso applies only in case contraband recovered is in the form of a mixture which falls in clause (b) thereof...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv) -- Substance recovered commercial quantity in the form of coagulated juice of opium poppy - It was not a mixture of opium with any other neutral substance - There was no preparation to produce any new substance from the said coagulated juice - FSI report that substance is opium in which percentage of..........
