Punjab Registration of Money Lenders Act, 1938, Section 3 -- Recovery suit by money lender - Maintainability - All the three witnesses examined by plaintiffs have themselves admitted that plaintiff is in the business of lending money to earn income from interest - Bar to maintainability of suit u/s 3 of the Act is attracted - Suit is not maintainable...........
Indian Penal Code, 1860, Section 397, 395 -- Offence u/ss 397, 395 IPC - Recovery of iron rod - Iron rod is an article which could be found anywhere - It is not the case of prosecution that any stolen article was recovered from accused - Recovery is doubtful - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Interim compensation - Recovery of - Recourse can be taken to S.421 Cr.P.C for recovery of interim compensation - For recovery of interim compensation, immovable or movable property of accused can be sold by Collector...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Allegation that four months old baby was kidnapped and murdered by accused - Missing of child and contemporaneous conduct of accused feigning pregnancy have relevance in terms of S.8 of Evidence Act and subsequent recovery of child who was later on found to be dead seen with..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - In a case of death due to consumption or administering of poison or insecticide or pesticide, be it homicidal or suicidal, recovery of the trace of such poison or insecticide or pesticide is crucial...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - Post-mortem examination report indicated multiple injection marks over the front of both the elbows of deceased - However, quantity of the poison in the viscera of blood of deceased was not mentioned in the FSL report - Doctors who had treated the deceased in the first nursing home and later..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Recovery of 80 kgs ganja - Prosecution claims to have recovered contraband from three bags wherein ganja as well as chilies were present - Seizure officer made no effort to conduct a separate weighment of contraband by segregating the chillies - Rather, panchnama is totally silent about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - Two independent witnesses who were associated in recovery proceedings were not examined in evidence and no explanation was given by prosecution as to why they were not examined - Prosecution neither examined any witness nor produced any document to satisfy..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Physical possession immediately before dispossession is not necessary to allow relief of recovery of possession - Such possession may be a symbolic possession or constructive possession...........