Arms Act, 1959, Section 27(3) -- Constitutional validity of S.27(3) of the Act - Held, S.27(3) of the Act is violative of Article 14 and 21 of the Constitution - S.27(3) of the Act declared void as it ultra vires the Constitution...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - There is sufficient material to come to the conclusion that cheque was infact issued by accused to discharge debt due to the Bank - Bank had produced statement of accounts to show that amounts were due from accused - Courts below have noticed that accused was not prompt in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Conviction - Validity - Cheque issued by accused to discharge liability of his father got dishonoured - Contention that complainant misused signed blank cheque given by accused to his father for giving it to some other person - Signature on cheque in question admitted - Held, story put forward by accused..........
Constitution of India, 1950, Article 14 -- Blacklisting of contractor - Validity - Charges of malpractices against contractor engaged in transportation of petroleum products - Enquiry Committee visited concerned locations for carrying out enquiry - Opportunity to associate with enquiry, given to contractor - Complicity of contractor in malpractices proved - Blacklisting of..........
Criminal Procedure Code, 1973, Section 174 -- Dowry death - Inquest report conducted by Tahsildar - Validity of - Contention that conducting of inquest by an Executive Magistrate is for ascertaining the truth in case of death and even if a Tahsildar has taken up the job, it would not be fatal to prosecution and that his report may not have any evidentiary value - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Cheque issued by accused in course of business transaction got dishonoured - Defence plea that accused gave signed blank cheque in some other transaction and same was misused by complainant - Accused did not adduce any evidence before lower Court to substantiate said plea - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant was not alive to prove execution of cheque and passing of consideration - There was only evidence of father of complainant whose evidence cannot, according to accused, be accepted - Original cheque was not produced before Court - For proper appreciation of evidence at..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - Validity - Amendment sought to be made by plaintiff in suit to the effect that earlier he had approached High Court by filing writ petition claiming same relief and its withdrawal was not mentioned in suit filed which otherwise required to be mentioned - It is not borne out..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction and sentence - Validity - Both Courts below found evidence of complainant sufficient to show that cheque was infact executed by accused and that evidence adduced by accused was not convincing and acceptable - Reply notice is sent after a month of receipt of statutory notice which is result of..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Corruption - Public servant - Sanction for prosecution - Question of validity of sanction, absence of sanction, omission or irregularity of sanction - Can only be decided at the time of final decision of the case...........
