Criminal Procedure Code, 1973, Section 207 -- r/w S.238 - Supply of copies of documents relied upon by the prosecution agency - Allegations by accused that certain documents mentioned in seizure list not furnished to him which included registered deeds, agreement, sale deeds, records of rights - These documents were recovered from possession of bank as well as de-facto..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Trial Court's decision can be discarded on very substantial and compelling reasons i.e. when (i) The trial court's conclusion with regard to the facts is palpably wrong; (ii) The trial court's decision was based on an erroneous view of law; (iii) The trial court's judgment is likely to result in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability of Director - Nothing to show how petitioner was incharge and responsible for conduct of business of company in question - Documents produced on record by petitioner do not show that he was Director of Company at the time when cheque was issued - Document issued by..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability of Director - Nothing to show how petitioner was incharge and responsible for conduct of business of company in question - Documents produced on record by petitioner do not show that he was Director of Company at the time when cheque was issued - Document issued by..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - List of documents - Non-filing of documents mentioned therein - Judicial mind - Application of - A perusal of order passed by Magistrate while taking cognizance of complaint do reveal that Magistrate has applied his judicial mind to entire allegations contained in complaint and only thereafter being..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1 -- Production of documents on which plaintiff sues and a list of documents relied upon to be filed alongwith plaint - This is the first opportunity to the plaintiff to produce documents - At the stage of filing written statement defendant can admit or deny the documents filed by the..........
Telephone bill -- Excessive and exorbitant - Print out of call details in seriatum pertaining to his telephone number as on record ample proof that calls made from his number - Telephone of the appellant provided with dynamic lock facility - The allegation of appellant by way of his affidavit cannot be accepted in the face of the fact that this document list call details..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Powers of appellate Court - Judgment of acquittal can be reversed when there are substantial and compelling reasons when conclusions of trial Court are palpably wrong or decision is based on erroneous view of law or when judgment is likely to result in 'grave miscarriage of justice' or approach of..........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 41, Rule 27 -- Closure of evidence - Sufficient and many opportunities given to plaintiff to lead evidence - Plaintiff failed to discharge its obligation to prove its case - Even list of witnesses not filed within prescribed time - Even effort not made to produce the documents before Appellate..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive Detention - Validity of - Order of detention served on detenu on 20.2.2006 - Grounds of detention served on 21.2.2006 alongwith list of documents - Material and relied upon documents served on detenu on 24.2.2006 - Detention order, void ab initio since the material..........
