Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery of - Taking a Gazetted Officer alongwith the raiding party - It is not legally tenable to say that requirements of S.50 of the Act is not met...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Drawer of cheque to make payment within 15 days of receipt of notice - Period is to be reckoned from date of first notice - It is a matter of evidence as to when first notice is deemed to have been given i.e. whether the one given by registered post or the one served personally - It is also..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures denied - Handwriting expert - When cheque is dishonoured for insufficiency of funds then there is no need for handwriting expert to give his opinion on signature on cheque - In case of denial of signature of drawer of a cheque, the best witness would be the concerned Bank Manager and not a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Drawer of cheque to make payment within 15 days of receipt of notice - Period is to be reckoned from date of first notice - It is a matter of evidence as to when first notice is deemed to have been given i.e. whether the one given by registered post or the one served personally - It is also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 64A, 27 -- Addicts - Charged with small quantity offence - Volunteering for treatment - Get the benefit of immunity from prosecution - Unless and until immunity is claimed on the basis that all pre-requisites are fulfilled there cannot be any question of immunity from prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 64A, 27 -- Addicts - Charged with small quantity offence - Volunteering for treatment - Get the benefit of immunity from prosecution - The immunity is not absolute and is capable of being withdrawn...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Cheque amount Rs.2 lakhs - Exemption granted from personal appearance on deposit of an amount of Rs.2 lakhs...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Detailed reasons need not to be given...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Has to be on the basis of allegations in complaint and preliminary evidence - Defence set up in reply to notice not to be looked into at that stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - In proceedings u/s 482 of Cr.P.C. High Court is not to go into the truthfulness of the allegations - Once a complaint discloses the commission of an offence, the veracity of the allegations is not to be tested in proceedings u/s 482..........
