Constitution of India, 1950, Article 226, 227 -- Negotiable Instruments Act, 1881, S.138 & 141 - Dishonour of cheque - Offence by company - Complaint - Prosecution of directors - Quashing of proceedings - Complainant has made specific and clear averments that cheque in question came to be issued by accused when present petitioners were in-charge and responsible for..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, 35, 54, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20 -- Charas - Recovery from accused while..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, 35, 54, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20 -- Charas - Recovery - Evidence of PW1 that..........
Stamp Act, 1899, Section 29, 47A, 48 -- A registered Society purchased land vide duly registered sale deed but there was deficiency in payment of stamp duty - Subsequently society sold the land in question to four other purchasers - Liability to pay deficient stamp duty - Held, respondent-state has no authority to recover the shortage of stamp duty on sale deed executed in..........
Civil Procedure Code, 1908, Section 100, Order 42, Rule 2 -- Second appeal - Substantial question of law - Power of Court - Held, Court can hear, for reasons to be recorded, appeal on any other substantial question of law, not formulated by it, if it is satisfied that case involves such question - R.2 of O.42 Code further provides that it shall not be open to appellant to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Not to be interfered - Both Courts below have recorded concurrent finding of fact that deed in question was a partition deed and it was duly registered - Held, it will not be possible for High Court to substitute its own view to the view taken by lower Courts and set aside concurrent..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Evidentiary value of - Held, while answering questions put to accused u/s 313 of Cr.P.C. accused is supposed to unfold his defence - He has right to be silent throughout and his silence cannot be taken as an incriminating circumstance against him generally - However, if he chooses to answer question and..........
Consumer Protection Act, 1986, Section 23 -- Appeal - Question of fact - New plea - Territorial jurisdiction - Postal service - Parcel booking - Plea that J&K State Consumers Protection Commission Srinagar, had no jurisdiction to entertain and decide the disputes inasmuch as the cause of action in entirety had arisen in Delhi as the parcel for onward transmission to..........
Hindu law -- Coparcenary property - Settlement made without consent of other co-parceners - Partition suit - Absence of prayer for setting aside of settlement deed - Held, one co-parcener cannot create a settlement deed with regard to the share of other co-parceners without the consent of the co-parceners - If a settlement is made without the consent of other..........
Insurance claim -- Surveyors' report - Deduction from the net assessed loss on the strength of ' Cause Factors' - The damages to the insured molasses contained in the pits not disputed and the extent of loss caused to the complainant is also not disputed - What weighed with the Surveyor in recommending payment of the claim only to the extent of 1/3rd of the net assessed..........
