Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of cocaine, ganja, charas and supporting materials - Notice issued to accused was specifically issued for carrying his personal search and bag/sack came to be searched and search was carried out of his person also - Compliance of S.50 of the Act is therefore imperative - However, intimation does..........
Consumer Protection Act, 1986, Section 12, Carriers Act, 1865, Section 10 -- Consumer complaint against common Carrier - Not maintainable without serving prior notice u/s 10 of Carriers Act - Notice is required to be served prior to initiation of proceedings and not proceedings itself...........
Consumer Protection Act, 1986, Section 12, Carriers Act, 1865, Section 10 -- Consumer complaint against common Carrier - Not maintainable without serving prior notice u/s 10 of Carriers Act - However, in view of the fact that consignment was books in the year 1997, it is too late in the day to relegate parties to meet out requirement of notice u/s 10 of the Act - Since..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 324, 323, 341, 201, 218, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Attempt to murder - Accused was not named in the FIR - He was summoned only on basis of 4th Supplementary Report - However, charge sheet and 4th Supplementary Report no longer exist - Now, there is fresh..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Dispatch of demand notice under a certificate of posting is a valid mode of dispatch of demand notice...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Service of notice - No service report on record regarding service of demand notice upon accused - Only dispatch proof under certificate of posting is on record - No presumption in connection with such demand notice u/s 138 of the Act through certificate of posting can be drawn unless it is coupled..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Premature complaint - Date of dispatch of legal notice regarding bouncing of cheques by complainant is 24.7.2007 - Date of deemed service of notice of legal notice upon accused would be on or about 24.8.2007 (30 days from dispatch of legal notice) and 15 days from date of service of notice would..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Show cause notice was issued u/s 46 Cr.P.C - However, no sufficient opportunity was given to accused to exhaust benefit u/s 446(3) Cr.P.C - Benefit or its entitlement under said provision was not either taken up or addressed - Order forfeiting bail bond of accused is bad in law and liable to be set..........
