Joint Tenancy -- Connotes four idea:- (i) unity of title; (ii) unity of possession; (iii) unity of interest and (iv) unity of commencement of title...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 14F -- Bail - Recovery of huge quantity of narcotic - Commercial quantity - Recovery effected near fencing of Indian Border, adjoining enemy nation Pakistan - Bail refused...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of Negotiable Instruments Act and S.420 IPC - Dismissal of complaint on the ground that complainant is a money lender - Magistrate had not gone into merits of case as to whether necessary ingredients of S.138 of the Act were established or not -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 466, 467, 468, 218, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Anticipatory bail - Offence u/ss 420, 406, 466, 467, 468, 218, 471, 120-B IPC and Ss.13(2), 13(1)(c), 13(1)(d) of P.C Act - Allegation against petitioners are uploading fake forms of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape of married woman - Prosecutrix is a married lady with two children from her marriage - DNA samples were not collected in the case - Petitioner is in custody since July 2019 and prosecutrix has already been examined coupled with fact that trial is not likely to be concluded in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - Normally complainant has to produce the documents at least before the commencement of examination of witnesses - In case there is some omission in that regard, it does not mean that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - But complainant has got an explanation that document was given by him to his advocate and it got misplaced in another case bundle -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Plea that it is not proper or permissible to recall a prosecution witness after final hearing of the case - There is no illegality in..........
