Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint filed by a person not authorised by company to present complaint against accused - Complaint not maintainable...........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation by Magistrate when it was granted by Sessions Court - Bail was granted with certain conditions - Magistrate was authorised to consider the question of violation - On violation of a condition Magistrate cancelled bail - Held, superior Court can always give directions of this nature and authorise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 52(3) -- Search and seizure - Affixing of seal - Police Officer below the rank of officer-in-charge of police station conducting search of a person and seizing contraband - Requirement of affixing seal at the time of search and seizure is not applicable when an authorised officer or empowered officer takes..........
Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint - Filed by Managing Director through authorised officer - Managing Director under the Memorandum of Association and Articles of Association authorised to file a complaint or suit - Signing of complaint by Managing Director and not by authorised officer is not fatal to the case of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42(1), 20 -- Search at night time - Police had prior information - Authorised Officer did not record reasons of belief as required u/s 42(1) Proviso - Trial vitiated for non compliance of mandatory provision of S.42(1) of the Act...........
Companies Act, 1956, Section 630, 291 -- Director - Powers - Heirs of employee of company, after his death, wrongfully withholding flat - Oral assurance given by one of Directors who was also Chairman of Company that they will not be dispossessed from that flat till possession of another flat is given to them - Chairman not authorised to give such assurance for and on..........
Indian Penal Code, 1860, Section 120B,, 364(A), 341, Andhra Pradesh Control of Organized Crime Act, 2001, Section 3(2), 3(4), 18(1), 21(4), 27 -- Bail - Car lent for being used in carrying the kidnapped boy - Appellant's daughter released on bail by High Court - Material against appellant is mainly the confessional statement made to I.O. and confession of co-accused -..........
Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Summons - Corporation - Service of summons on employee of defendant who was not authorised to receive it - It does not amount to valid service of summons...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment of claim - Agreement to sell on his own behalf and on behalf of sister on the premise of requisite authority on behalf of his sister - Sister never authorised to enter into agreement to sell - Application to amend plaint to relinquish a share filed in Supreme Court is maintainable - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 42 -- Search - Officer proposing to effect search cannot act in dual capacity i.e. first as an officer authorised u/s 42 to search a person and second as Gazetted Officer in whose presence the accused may opt to be searched...........
