Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant received the cheque amount and executed a receipt - Nothing on record to suggest that receipt in question had not been signed by complainant - Held, since complainant had received amount in question, therefore, trial Court rightly ordered acquittal of accused - Appeal..........
Civil Procedure Code, 1908, Order 41, Rule 26 -- Objections against findings - Separate appeal does not lie - Only remedy thereagainst is of preferring objections U.O.41.R.26 CPC - Findings received from Trial Court are not final and binding on Appellate Court merely because objections are not filed - Appellate Court is required to examine the findings on their merits and..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 7, 49(c) - - Allotment of Land - Cancellation of - Natural Justice - Petitioner's father was allotted land in question on basis of possession - Petitioner condemned unheard and orders of cancellation passed at his back leading to fresh auction of land in dispute in favour of respondent No.6 - Held, no transfer..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Father-i, law did his best to save deceased by carrying her from one hospital to another to provide her best possible treatment - This fact is a strong mitigating circumstance even if it is presumed that father-i, law silently connived with husband - Held, conviction and sentence of father-i, law and..........
Punjab Police Rules, 1934, Rule 16.32 -- Revision - Mercy petition - Held, R.16.32 deals with revision which is permissible under certain specified circumstances, after appeal is rejected - Provision in R.16.32 talks of revision on certain grounds namely - (a) material irregularity in proceedings or (b) on provision of fresh evidence - U/R.16.32 an employee can seek..........
Punjab Police Rules, 1934, Rule 16.32 -- Revision - Mercy petition - No grounds for mercy are stated except showing that lenient view be taken - Mercy petition was not filed within one month - Further, it was not filed on ground of material irregularity in proceedings or by producing any fresh evidence - On contrary, DGP while allowing mercy petition specifically recorded..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Delay of 6 years in seeking amendment - Application moved at the stage of final arguments in appeal - Amendment at such belated stage, after a quarter of century not necessary for purpose of determining real question in controversy between parties - Application rightly rejected...........
Service -- Additional Sessions Judge - Termination - Validity - Bar Association passed a resolution against Additional Sessions Judge for not detaining a witness on request of counsel for party to enable him to bring summons for effecting service on him without there being any requisition from Court of Chief Judicial Magistrate - Termination of service by High Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 57 -- Contraband - Conviction - Validity - Nothing on record to show that alongwith appellant, contraband recovered from him or sample drawn were produced before trial Court - Sample seal and malkhana register not produced on record - 10 days delay in sending samples for chemical analysis - No paper on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 67, Evidence Act, 1872, Section 25 -- Recovery of contraband - Retracted confession - Appellant retracted from his confession only at the time of recording of statement u/s.313 Cr.P.C. - Confessional statement corroborated by statements of PW4 & PW5 who have seen appellant throwing packet while raising..........
