Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Acknowledgment of loan by petitioner is well proved - Even issuance of cheque has not been challenged - Neither receipt of legal notice has been denied, nor was legal notice replied back by petitioner - Minor contradictions in deposition of PWs are inconsequential - Even mentioning of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(ii) -- (Criminal Procedure Code, 1973, S.167(2) - Default bail - Charge sheet received by Special Judge and an endorsement made `check and then put up' on 24.01.2024 - It is incumbent on part of investigating agency to file final report within a period of 60 days from the date of receipt of information as per..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Notice was refused to be accepted by defendant - It was bounden duty of process server to affix notice in terms of O.5.R.17 CPC - Same having not been done, service cannot be termed to be proper - As regarding delay in filing..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Bail - Contraband - FSL report was issued after almost 130 days of receipt of samples and upon analysis, `methamphetamine' was detected - Contraband weighing 24.75 grams was recovered from petitioner whereas commercial quantity of `methamphetamine'..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 479, Indian Penal Code, 1860, Section 354, 354A, Prevention of Women from Domestic Violence Act, 2005, Section 8 -- Bail - Undertrial prisoner - Victim has not been examined yet - Mother of victim is not willing to appear before trial Court, as she does not wish to pursue FIR - Applicant has already undergone one third..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused himself admitted his liability of Rs.2 lakh which he had borrowed from complainant in the year 2004 - He has no case that he repaid that amount to complainant after receipt of lawyer's notice - Accused got an acquittal on mere technicalities - However, in appeal, though..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within a period of 30 days - Commercial dispute - Court has discretion to permit a party to file written statement between day no.31 to day no.120 - While exercising this discretion, Court can impose such costs as it deems fit, as a condition for receipt of written statement - Plea that..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants failed to present any substantial reason or evidence to challenge the credibility of testimonies of PWs 1, 2 & 4 regarding executing promissory note - Mere denial of receipt of consideration does not constitute a valid defence - Evidence adduced by plaintiff is adequate to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand and acceptance - Presumption - S.20 of the Act would come into operation only when there is no nexus between the demand and the action performed or sought to be performed - But, when the fact of receipt of payment or an agreement to receive the gratification stands proved,..........
Custody of child -- Writ of habeas corpus - Petitioner found the child in toilet in a running train - They unilaterally decided to take custody of child and mentioned the child as their daughter without informing the same to competent authority for initiation of appropriate action - Mere submission of an application seeking an adoption would not confer any right to take..........
