Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Mere fact there is no independent witness of recovery that by itself cannot be considered as a ground for grant of bail, inasmuch as, evidentiary value of testimonies of police witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Secret information - Petitioners have not been able to demonstrate that they suffered any prejudice on account of not being provided grounds of arrest and therefore merely on the said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If accused is able to raise a probable defence, which creates doubts about existence of a legally enforceable debt or liability, prosecution can fail...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Evidence on record shows that there was no financial transaction between parties in connection with execution of exchange deed - Accused has disputed the transaction and financial capacity of complainant - He has succeeded in rebutting the presumption regarding consideration in favour..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount of Rs.3 lakhs was given to accused for securing a job for complainant - Such payment for securing Government employment would be considered a bribe and is opposed to public policy rendering it void ab initio from very beginning - Since cheque was issued to repay said amount, there is no legally..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Open fight followed the scuffle during which two opposing factions were giving blows and hits to each other - There was no such sudden provocation at the place of occurrence which necessitated him to act in the manner he did and caused the death of deceased - Appellant might have been deprived..........
Muslim Law -- Matruka property - Devolution of property - Will is the first document that is to be satisfied subject to limits imposed by Muslim Law, i.e it cannot exceed one-third of estate and cannot ordinarily be made in favour of an heir without the consent of other heirs and then whatever remains hereafter, is to be distributed strictly as per the rules of intestate..........
