Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 5 Kg. - Though independent witnesses have not been associated at the spot, even then prosecution witnesses cannot be disbelieved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63(2), 8(c), 20(b)(ii)(B), 29 -- Possession of contraband - Confiscation of vehicle - Applicability of proviso S.63(2) NDPS Act to owner of vehicle who has faced trial - Provisions of S.63(2) NDPS Act confer jurisdiction on court to decide the liability in respect of article to confiscation even if the offender..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Mere signatures on back side of cheque does not amount to endorsement - Passing of consideration not duly proved by holder in due course by summoning the drawee of cheque whose signature is found on the back side - Held, complainant failed to prove that he is holder in due course..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Signatures and date admitted - Expert opinion as to age of disputed contents of the cheque - Accused is estopped from raising such plea - Further held, non availability of expert can be ground for rejection of request...........
Punjab Tenancy Act, 1887, Section 77(3)(N) -- Bar of jurisdiction - Suit for recovery as compensation for illegal use and occupation of land - Bar of jurisdiction of Civil Court neither pressed before Trial Court nor argued before lower appellate Court - Suit decreed after it remained pending in Civil Court for 7 years - Held, if defendant had pressed issue of jurisdiction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Regular bail - Accused allegedly found in possession of Alprozolam tablets weighing 280.80 grams which is commercial quantity - Accused contended that he was a registered medical practitioner and was having certificate issued by paramedical council and thus..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failing to lead evidence despite availing opportunities - Order dismissing complaint and acquitting accused, held, proper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Cheque issued to pay time barred debt - Time barred debt is not a legally enforceable debt - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Issue of process - Magistrate can issue process on the basis of contents of complaint, documents in support thereof and affidavits in support of the complaint - However, Magistrate can call upon complainant to remain present in Court and examine him and/or his witnesses upon oath for taking..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque alleged to be issued towards interest against loan of Rs.40 lacs - MOU entered into between the parties that amount of Rs.40 lacs paid to complainant would be in full and final settlement and neither party would be left with any claim against the other - Proceedings quashed - Complainant burdened..........
