Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Modification of sentence - Accused convicted and sentenced till rising of Court and to pay fine of Rs.7 lacs which is reduced to Rs.5 lacs by appellate Court - There is no need to further modify sentence awarded to accused as Courts below already taken a lenient view while..........
Criminal Procedure Code, 1973, Section 451 -- Superdari - Release of seized vehicle - Vehicle involved in offence under NDPS Act - Recovery of 60 kg poppy husk from the vehicle of accused - Accused is the owner of said vehicle - Trial not yet concluded and it is also to be determined that whether accused is guilty of offence or not - Detention of vehicle would not serve..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 307, 302 -- Anticipatory bail - Offence u/ss 498-A, 307, 302, 34 IPC - Direct allegations against petitioner/sister-i, law of deceased that she pushed the deceased inside the kitchen and thereafter in furtherance of common intention with co-accused sprinkled kerosene oil upon her body and..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused allegedly demanded Rs.5000 as illegal gratification from complainant to discharge the official act of forwarding complainant's application for pension and for release of retiral benefits - However, evidence on record shows that accused was absent from his office at the..........
Banking law -- One Time Settlement Scheme (OTS) - OTS restricting sale of mortgaged property within three years of settlement - Admittedly, sale not made within said period - Possession of mortgaged property not delivered to first respondent so far - Three years lock in period expired - Creation of third party interest or arrangement by way of agreement for sale within..........
Criminal Procedure Code, 1973, Section 258 -- Summons case instituted otherwise than upon a complaint - Magistrate can stop the proceedings at any stage in appropriate cases - If stoppage of proceedings is made after recording of evidence of principal witnesses, provision permits Court to pronounce judgment of acquittal prematurely and in any other case, provision permits..........
Land Acquisition Act, 1894, Section 48, 16 -- Release of land - Physical possession of land not taken - Symbolic possession would not serve the purpose - Request for release of land not to be turned down on the ground of operation of S.16 of the Act - Impugned order of High Court rejecting request of appellants for release of acquired land set aside - Matter remanded to..........
Punjab Town Improvement Trust Act, 1922, Section 36, Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 -- Acquisition - Release of land - Appellant and the other members of the family, who are the owners of the land covered by the second acquisition, approached the Trust seeking release of land to an extent of 500 sq. yards each - If the area of..........
Criminal Procedure Code, 1973, Section 482 -- Pre-mature release - Petitioner without approaching the concerned authorities, straightway filed this petition - Without commenting anything on the merits of case, respondents Nos.2, 3 directed to consider the case of petitioner for pre-mature release by considering this petition as representation - Petition disposed of..........
Constitution of India, 1950, Article 21 -- Custody - Fundamental rights - Inhuman conditions in prisons across the country like (i) Overcrowding of prisons; (ii) Unnatural death of prisoners; (iii) Gross inadequacy of staff and (iv) Available staff being untrained or inadequately trained - International Covenant on Civil and Political Rights and Art.5 of Universal..........
