Essential Commodities Act, 1955, Section 7 -- Unauthorized possession of gas cylinders - Search and seizure - Sub-Inspector of Police is not authorised as per Government order to take action - Proceedings initiated by sub-inspector totally unauthorized - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by `special attorney' appointed by Power of Attorney holder - Power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation - In the instant case company appointed power of attorney..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - An authorised employee of a company can represent the company - Once an averment to this effect is made in the complaint and a copy of power of attorney is annexed to the complaint, it is sufficient for Magistrate to take cognizance and issue process - However, when authority of such person is..........
Civil Procedure Code, 1908, Order 22, Rule 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Can be challenged by filing writ petition in the High Court and that too on very limited grounds - Setting aside of Lok Adalat Award by Civil Court after conducting detailed enquiry, for which he is not authorised, set aside...........
Evidence Act, 1872, Section 45 -- Voice sample - Magistrate can order taking voice sample for the purpose of investigation, as authorised by Supreme Court, till there is specific provision in Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company filed through General Manager, who was authorised to institute complaint by Managing Director - Managing Director was delegated the power by Board of Directors, powers in general for management and operation of the company and Managing Director was also empowered to delegate..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company filed through General Manager who was authorised to institute complaint by Managing Director - Knowledge of transaction with General Manager - Transaction between parties based on an agreement and General Manager appended his signatures to such document as a witness on behalf..........
Prevention of Corruption Act, 1988, Section 17 -- Persons authorized to investigate - Investigation of case was entrusted by Superintendent of Police to Inspector of Police - There is no fetter of law that under instruction of Superintendent of Police, an Inspector cannot conduct investigation - Contention that investigation is vitiated because of being done by a non..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 336, 120B, Medical Termination of Pregnancy Act, 1971, Section 3, 4, 5, Drugs and Cosmetics Act, 1940, Section 18A, 18B, 18(C), Indian Medical Council Act, 1956, Section 15(2)(B) -- Anticipatory bail - Offence u/ss 420, 336, 120-B IPC, u/ss 3, 4, 5 Medical Termination of Pregnancy Act, u/ss..........
