Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Blank cheques issued and later they were filled - Fact that column relating to payee filled up later but the same does not amount to material alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan account number mentioned as against the payee in the cheque - Amount to be adjusted from current account to loan account - It is an in-house transaction - Only inference to be drawn is that payee is the complainant bank only...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan account number mentioned as against the payee in the cheque - Amount to be adjusted from current account to loan account - It is an in-house transaction - Cheque return memo is conclusive proof to show that cheques were presented for payment - Acquittal could not be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29 -- Opium - Recovery of 10 kg. from dickey of scooter - Accused convicted and accused acquitted were on their individual scooters - Accused convicted apprehended on spot but other accused ran away leaving behind his scooter - Contraband was recovered from scooter of accused convicted but scooter was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(1) -- Enhancement in punishment by way of amendment in Act during pendency of case - Penal provision enhancing punishment not to be with retrospective effect - Appellant cannot be subjected to penalty greater than that which was in force at the time of commission of offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1) -- Contraband - Recovery on secret information - Recovery at main road - Information not reduced to writing - S.42(1) of the Act is not applicable as recovery is at a public place...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35 -- Contraband - Recovery of - Conscious possession - Ganja recovered from a bag - Both the accused holding corner of bag - Accused, held, to be in conscious possession - Recovery effected at spot from the possession of appellant, provision of Ss.35 and 54 of the Act are inapplicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Recovery - Deposit of sample and contraband and sending of the same to FSL - Procedural in nature - It is to be seen and ascertained in each case whether any prejudice has been caused to the accused or there has been a waiver on his part...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery of - Seal - Till the case property is despatched to FSL, the seal should not be available to the prosecuting agency and in the absence of such a safeguard the possibility of seal, contraband and the samples being tampered with cannot be ruled out - The said circumstance may arise in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea that there was no legal liability on the part of accused to make payment towards goods delivered because of exaggerated bills - Plea not taken as a part of defence through cross examination - In reply to notice no such plea raised - Conviction not liable to be interfered with...........
