Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of four cheques towards advance rent - Premises vacated - One cheque presented for recovery of damages caused to the property - Civil Court decree was passed against complainant and a finding was recorded that no damage was caused to building - Respondent successfully rebutted the..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1.115 kg charas - Considering all facts and circumstances of case including quantum of contraband recovered from carry bag allegedly being carried by accused and period of his detention and other material placed on record, without commenting on..........
Service -- Benefit of First Time Bound Promotion (TBP) - Respondent was initially appointed in 1982 in the post of Technical Assistant on work charge basis, which was altogether a different post than newly created post of Civil Engineering Assistant in which he was absorbed in the year 1989 - Department was thus, right in holding that respondent was entitled to first TBP..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Recovery of 920 intoxicating tablets - Bail - Keeping in view the nature and quantity of contraband as well as custodial period of accused, his further detention behind the bars may not be necessary for any purpose, without expressing any opinion on merits of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1 quintal 3 kg 290 grms Ganja - Bail - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused, reasonable..........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee after disposal of appeal - In case of death of an indigent appellant after disposal of appeal, property and assets of deceased alone would stand liable to answer the recovery U.O.33.R.14 CPC and in that case it is not permissible..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Anticipatory bail - Recovery of 150 kg poppy husk - Petitioner arraigned as accused on the basis of disclosure statement of main accused from whose possession recovery effected - There is no other evidence collected against petitioner - Merely because police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Non-association of independent witnesses - Mere absence of non-association of independent witnesses will not be fatal to prosecution case - However, in such circumstance it is called upon Courts to assess version of available PWs on record more minutely in order to negate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Testimony of official witnesses - Spot position as shown in spot map has remained unrebutted - Minor discrepancies as to place of exact recovery can be ignored - PW7 and PW8 have materially corroborated each other - Recovery of contraband was also proved by statements of..........
