Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients of offence u/s 138 of the Act are : (i) a cheque was issued; (ii) the same was presented; (iii) but, it was dishonoured; (iv) a notice in terms of the said provision was served on the person sought to be made liable; and (v) despite service of notice, neither any payment was made nor other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Partner - Specific averments in complaint revealing role played by them and that they looked after day to day affairs of the firm - Plea that petitioner was not a partner in firm or that he was not involved in day to day affairs of firm - Such fact to be established at trial - No..........
Indian Penal Code, 1860, Section 302, 324, 149, 143, 147, 148 -- Murder - Acquittal by trial Court - Conviction by High Court - Trial Court acquitted accused on ground of contradictions and discrepancies in deposition of eye witnesses, non-examination of 'N' who was the root cause of quarrel and conflicting version as to injury sustained by accused and that it could not be..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Offence u/s 138 is compoundable without permission of Court...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 362 -- Compounding of offence after verdict of conviction and sentence becomes final - In such a case High Court can exercise its power u/s 482 Cr.P.C. as also under Article 226 and 227 of Constitution - In such a case power u/s 482 Cr.P.C. can be invoked after disposal of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned with bank endorsement 'present again' - Despite notice payment not made - Held, reasons for dishonour of cheque are wholly irrelevant - If despite notice amount remains unpaid then drawer of cheque is responsible u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 'Not negotiable' - As per provision of S.138 of Negotiable Instruments Act there is no distinction between an ordinary cheque and a cheque with an endorsement 'Not negotiable' - Proceedings cannot be quashed on this ground...........
Stamp Act, 1899, Section 2(5), 2(22), 6, Negotiable Instruments Act, 1881, Section 4 -- Bond/promissory note - Stamp duty - Document in question could be construed as a bond and also as a promissory note - When a document falls within definition of two deeds then duty payable higher is chargeable - Stamp duty chargeable is duty payable on Bond being highest of the duty...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery of - Search - Contraband recovered from the clothings of the accused is covered within the meaning of the word 'person' in the context of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 42, 50 -- Smack - Recovery of five packets from pant of accused - Accused searched by officer authorised u/s 42 of the Act - Consent of accused in writing to be searched by that officer - Positive report of FSL - S.50 of the Act duly complied with - Presence of Gazetted Officer in raiding party does not..........
