Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.100 kgs opium and Rs.44 lakhs in cash from the boot of car - Whether alleged recovery can be considered to be recovery from petitioner shall be debated during course of trial - Petitioner already suffered incarceration for over eleven..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry demand - Mere allegation of demanding cash by accused in absence of source from which cash was brought was not sufficient to prove acceptance of dowry...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 379B, 427, 452, 506, 34, 326 -- Bail - Offence u/ss 323, 324, 326, 379-B, 427, 452, 506, 34 IPC - Merely because compromise has been effected between parties, cannot be termed as circumstance to extend concession of bail to accused, particularly because five other cases have been..........
Indian Penal Code, 1860, Section 171B, Criminal Procedure Code, 1973, Section 482 -- Bribery - Quashing of proceedings - Cash in question though recovered from suitcase of petitioner, however, nothing on record to show that petitioner had either given or had offered said amount as bribe to someone or had accepted the same from anyone - Ingredients of offence u/s 171-B IPC..........
Income Tax Act, 1961, Section 68, 143(2) -- Un-explained cash credits - Assessee failed to produce any explanation or evidence in support of entries regarding purchases made from un-registered dealers - However, in penalty proceedings, assessee produced affidavits of 13 un-registered dealers out of whom 12 were examined by Officer - Dealers stood by assertion made by..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Plaintiff was not a bona fide purchaser with no financial capacity whatsoever, as per unambiguous and unequivocal facts on record - Further, plaintiff also failed to prove genuineness of transaction for preparation of pay orders and bank drafts from accounts of such persons with whom plaintiff..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit for money - Amount in question paid by plaintiff for becoming member of chit Fund - There is thus, no justification for making payment in cash - Explanation by defendant that cheque given as security is clearly an eye wash - Once cheque is proved and same is dishonoured, burden shifts upon defendant to establish..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 384, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - FIR lodged after delay of 5 months and no satisfactory explanation given for the same - Place of incident not established - Prosecutrix refused her internal medical examination - Consequently, nothing incriminating is emerging from MLC -..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Theft of IVPs (Indira Vikas Patras) - Claim of return of maturity sum - Deficiency in service on part of post office - IVPs were purchased through cash - Identity of purchaser is disputed - Refusal on part of Department to entertain any request of maturity sum was absolutely right and justified - There was thus, no..........
Criminal Procedure Code, 1973, Section 439 -- Delhi Excise Act, 2009, Ss.33, 38, 58, Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37, 20, 21, 29 - Bail - Recovery of liquor, cash around Rs.4 lakh, Charas and morphine - Contraband recovered from co-accused as well as from car of petitioner, which was alleged to be parked at place of incident - Petitioner..........
