Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Matter is not decided on merits after hearing both the parties - It is desirable that matter should not be disposed of on technical ground and in haste - Ends of justice would be met if matter remanded to trial Court - Matter held, remanded to trial..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - If a person buys goods for commercial purpose or avails services for commercial purpose, though ordinarily he would have been out of ambit of term `consumer' by virtue of Explanation, which is common to both Ss.2(1)(d)(i) and 2(1)(d)(ii) of the Act - However, he would still come within ambit of term `consumer',..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant has right to file and maintain separate complaint for dishonour of each and every cheque on failure to make payment by payer after receipt of notice u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of five cheques - Two complaints - Joint trial - Liability of accused in both the cases is different in nature as in one case cheques are stated to have been issued to discharge debt of financial assistance provided by an individual, whereas, in another case cheques..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder - Complainant is an Advocate who tried his best for treatment of his father but on the way he died - He along with other returned back to home and FIR lodged after seven hours from time of incident against unknown accused - Complainant has no suspicion against accused at..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Evidence on the point of motive by PW1 is an improvement on the basis of evidence of PW2 and PW4, whereas best witness of motive has not been produced - Although they were present and also closely related to complainant - This fact will be against..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Chance witness - `P' told to complainant about fact that he saw accused going in fast paces after the incident and he was carrying a country made pistol in his hand - Statement of `P' recorded u/s 161 Cr.P.C - Thereafter accused killed `P' - Witness `P' is not an injured person or a complainant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Accused are not named in FIR, but name of accused came in the light through evidence of chance witness - Evidence of PWs not fully reliable - Evidence on record would not lead to believe that accused could be only perpetrators of crime - Chain of circumstantial evidence is not complete and do..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Cancellation of bail granted in an offence u/s 376 IPC and S.6 of POCSO Act - Where victim is minor, grounds of love affair between parties and refusal to marry are circumstances which will have no bearing for grant of..........
