Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of poppy husk on secret information - Secret information received at Bus Stand - It was incumbent upon I.O. to take down the information and should have sent Ruqa from the bus stand itself and rest of the formalities of the raid should have been conducted thereafter...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Received back unclaimed - In case of unclaimed notice the deemed service of notice is to be reckoned from the date of postal endorsement and not from the date the undelivered notice is received back by the sender...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - On date fixed complainant fell ill - Counsel also did not appear - Complaint dismissed in default - A party cannot be made to suffer for negligence of his counsel - Dismissal set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Where sender dispatched notice by post with correct address written on it, then presumption can be drawn that it is served on the addressee unless he proves that it was not really served and that he was not responsible for such non service...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8 -- Recovery of drugs - Drug not included in Schedule I appended to Rules - Held, provision of Section 8 of the Act has no application...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, Drugs and Cosmetics Act, 1940, Section Schedule G -- Medicines Epilan C.Phenobarbitone and Chlorodiazepoxide - Comes within purview of Schedule G and H of Drugs and Cosmetics Act and also mentioned in Entries 69 and 36 of NDPS Act - However, these medicines are not included in Schedule I appended to 1985..........
Negotiable Instruments Act, 1881, Section 138 -- Jurisdiction - High Court of one State cannot quash criminal proceedings pending in a Court within jurisdiction of another High Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank endorsement 'Account expires' - Amounts to dishonour of cheque - Provision of S.138 of the Act is attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint by power of attorney holder - Even if initially there was no authority, still the Company can, at any stage, rectify that defect - At a subsequent stage, the company can send a person who is competent to represent the company...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint by power of attorney holder - Particular person, whose statement was taken on oath, at the first instance is not required to represent the company till the end of the proceedings - There can be occasions when different person can represent the company - It is open to the company to..........
