Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law - Complaint and order taking cognizance quashed...........
Prevention of Corruption Act, 1988, Section 7, 17A -- Offence u/s 7 of the Act - Order framing charges - Prior approval u/s 17 of the Act is not taken - However, acquisition of approval u/s 17-A of the Act does not necessarily invalidate entire order but may allow for corrective measures - Moreover, sanction can be sought at the stage of charge u/s 19 of PC Act, thus..........
Service -- Seniority - Change of cadre - At the request of employee on medical grounds - Respondent accepted the appointment after consenting to be placed before the last person in the transferred post, which position is recorded in the order dated 19.04.1989 itself - Seniority has to be with effect from 1989 only which is in consonance with recruitment Rules - Tribunal as..........
Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest - Non compliance of mandate of S.50 of the Code - Arrest followed by consequential remand order set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - Seized contraband was not properly sealed - Keeping of seized contraband by PW3 in a separate room in his office for 15 days could give rise to an allegation that seized contraband was by itself substituted and some other items planted to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - FIR was lodged in the year 2017 - Trial had progressed to a great extent - Material witnesses have been examined - At this juncture, holding trial, booking a new person and then ordering de novo trial, would be nothing but doing so would be a travesty of justice - Order allowing application set..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- (As in Bombay) - Striking off defence - Violation of order granting maintenance - Divorce proceedings - Husband violated order granting maintenance - Although prayer is not sought for dismissal of divorce petition, however, there is no impediment in granting such relief as order granting maintenance is breached - Direction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50A -- Contraband - Non-compliance of S.50-A of the Act - Controlled delivery operation can be undertaken by Director General of NCB or any other officer authorized by him in this behalf as per S.50-A of the Act - In the instant case, Director General of NCB issued memorandum to authorize Deputy Director..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration of suit allowed by trial Court subject to payment of costs by plaintiff - Costs paid - Trial Court committed error by recording a finding that suit cannot be restored, as plaintiff failed to pay costs - Order of trial Court set aside - Suit restored...........
