Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174, 175, Constitution of India, 1950, Article 20, Finance Act, 2008, Section 69 - - Retrospective amendment - Creation of offence - Effect of - Held, retrospective amendment by S.69 of the Finance Act, 2008 can ex-post facto ratify the acts of officers in issuing summons u/s 108 of the Customs..........
Civil Procedure Code, 1908, Order 20, Rule 12 -..........
Civil Procedure Code, 1908, Section 34(1), Rajasthan Court Fees and Suit Valuation Act, 1961, Section 6, 11(1), 20, 21 -- Appeal - Pendente lite and future interest - Court-fee thereon - Held, court fee is also payable on the amount of pendente lite and future interest awarded on the principal amount...........
Evidence Act, 1872, Section 115, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- Doctrine of Estoppel and Double Jeopardy - Rule of Estoppel does not prevent trial of any offence but only precludes evidence being led to prove fact in issue as regards which evidence has already been led and specific finding has been recorded at..........
Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- Double Jeopardy - Concept of - Plea of 'autrefois convict' or 'autrefois acquit' avers that person has been previously convicted or acquitted on a charge for same offence as that in respect of which he is arraigned - Test is whether former offence and offence now charged have same..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service by publication in Newspaper cannot be said to be sufficient service in absence of recording of satisfaction by Court that defendant was intentionally evading service or that he could not be served in ordinary course - Even otherwise, in the instant case, petitioner is rustic illiterate villager,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Bail - Recovery of opium and charas - Contention of petitioner that he was engaged as a driver by co-accused only from the last 10 days and had no knowledge that his co-accused was carrying opium and charas, therefore, he cannot be said to have been in..........
Constitution of India, 1950, Article 32,20(3),21,226, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482,483, Indian Penal Code, 1860, Section 420,468,471 -- Criminal complaint filed against respondent No.2 by petitioner u/s 138 NI Act - Contention on behalf of petitioner that his cross-examination at behest of respondent No.2 is..........
Civil Procedure Code, 1908, Order 41, Rule 20 -..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11 -- Territorial jurisdiction - Loss of answer books - Suit for damages against University - Suit filed in a Court at place `M' where University is not having any office nor cause of action arising within limits of said Court - Held, return of plaint is proper...........
