Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Plea of accused that he informed bank authority of forceful taking of cheques by complainant immediately after occurrence - Plea not proved, there being no supporting evidence either oral or documentary - Moreover, his contention..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Ganja was not seized from possession of A-1 - However, evidence well convinces the Court that A-1 was also a party to possession and transportation of ganja by A-2 - If A-1 was not a party to possession, he would have stopped vehicle when asked by Sub-Inspector -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Nothing to indicate that there was insufficiency of funds - If cheque is dishonoured for `stop payment' even then offence punishable u/s 138 of the Act gets attracted...........
Constitution of India, 1950, Section 2(g) - - Raising of construction in deviation of sanctioned plan - Power to stop construction - Vests only in Development Authorities - District Magistrate has got no authority under the Act to pass any order of stoppage of construction and that too on an administrative side, on a complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place under sudden provocation and not with pre-meditation - It was on the spur of moment, when deceased asked accused to stop trimming of tree - Axe was otherwise available with accused because he was trimming the tree - Deceased sustained two injuries and out of it, one was on vital..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation is sought to be conducted by a competent officer without report on additional evidence collected and that too in respect of an investigation concluded by an investigating officer - Supplementary report proposed to be filed could only be very same report already taken cognizance of by Court below -..........
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186 -- Kidnapping for ransom - Attempt to murder - Testimony of police witness - PW3 and PW4 were on night patrolling duty and on noticing the alleged car as described in wireless message received from control room, they rushed towards car - Consequently, driver of car started ignition of car and attempted to run..........
Service -- Post of Assistant Engineer - Appointment without consultation with Uttar Pradesh Public Service Commission (UPPSC) - Regular process was not undertaken in appointment and a stop gap arrangement was made both in terms of promotees and direct appointees - Consultation of UPPSC to the post in case of promotes was mandatory but was not done - This is an irregularity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg Ganja - Chance recovery - Police party while patrolling saw accused in suspicion condition and directed him to stop and on seeing police party he started running in reverse direction - Suspicion arises as to accused carrying some illegal substance or thing and pursuant to that his search..........
