Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Independent witnesses - All the witnesses are police personnel - Non-production of independent eye witness is serious lacuna which has made the prosecution case doubtful - Testimony of police personnel are not wholly reliable - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order passed by trial Court u/s 143-A of the Act was non-speaking, without considering relevant facts and giving reasons - Trial Court failed to consider the relevant factors laid down by Supreme Court - Order directing accused to pay interim compensation set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If the cheque is not drawn on the account maintained by accused but by some other person, same will not attract the provision of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Presumption - Complaint and affidavit do not mention that cheque bears the signatures of accused - No official of bank was examined to establish the name of person, who had put the signatures on the cheque - In the absence of proof of signatures, a presumption u/ss 118(a), 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition of deposit 20% amount of compensation - Appellate Court while considering application u/s 389 Cr.P.C, has to consider as to whether it is exceptional case which warrants grant of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused was aged around 24 years at the time of incident and now he is 46 years old - He has already suffered the agony of protracted trial, spanning over a period of more than 22 years and he remained incarcerated for some time after passing of judgment - Looking to the long..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Purchase of flat - Deficiency in service - Flat in question was allotted in favour of respondent and delivery of possession was notified by appellant - However, respondent tried to arrange necessary finance and in the meanwhile flat stood reserved/allotted in favour of one `N' - There is confusion of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Payee/holder of cheque can file case u/s 138 of the Act against drawer of cheque and simultaneously can also file a civil case for recovery...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants have not denied signatures on cheque or promissory notes - Though defendants have pleaded that plaintiff obtained their signatures on promissory notes under coercion, threat and undue influence, however, no evidence led in support of such plea - Even, defendants have not taken..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Recovery of 1.25 kg. charas carried in the car, during random check - Two police department witnesses only - Logbook clearly shows that vehicle was travelling during relevant point of time towards a different destination - Statement given by two police witnesses, do not support case of..........
