Prevention of Money Laundering Act, 2002, Section 17 -- Money laundering - Freezing of bank account - Procedure contemplated u/s 17 of the Act not followed by Officer Authorized except issuing communication to AML officer to seek freezing - Impugned communication does not even refer to belief of Authorized officer of commission of act of money laundering even if same was..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque for expert opinion - Application u/s 45 of Evidence Act cannot be allowed as a matter of course - There must be some material before Court to satisfy itself to refer the cheque for expert opinion - Defence of accused is yet to be established before Court..........
Indian Penal Code, 1860, Section 228A -- Non disclosure of identity of rape victim - Directions issued that: (i) While framing charge, mentioning name of victim should be avoided and he/she should be referred to as `X' or any other alphabet Court deems fit and proper; (ii) While recording evidence if witness mentions name of victim, Court shall record that `witness stated..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - "Lives or at any stage has lived in a domestic relationship" - Living of woman in a household has to refer to a living which has some permanency - Mere fleeting or casual living at different places shall not make a shared household - Intention of parties and nature of living, including..........
Drugs and Cosmetics Act, 1940, Section 32, Criminal Procedure Code, 1973, Section 154, 178, 179, 180, 181, 182, 183, 184, 185 -- FIR - If information is as to cognizable offences under Chapter IV, Police officer is obliged to register FIR - But, has no jurisdiction to investigate offence - He is duty bound to refer complainant to concerned Drugs Inspector...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Generally, High Court will not interfere with concurrent findings of Courts below, but it is not an absolute rule and some exceptions are, viz: (i) Courts below have ignored material evidence or acted on no evidence; (ii) Courts have drawn wrong inferences from proved facts by applying..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Claim of parity - Co-accused acquitted, as he used a local fire arm but police had not recovered empty cartridges or pellets from spot - Post mortem also does not refer to any pellet injuries - He was given a benefit of doubt - Accused not entitled to same benefit and thus rightly convicted...........
Will -- Execution of - Validity - Testimony of scribe of Will and attesting witness did not refer to presence of other person at time of execution of Will by deceased - Even, evidence of attesting witness reflects that Will was prepared at Sub-Registrar`s Office and not by scribe - Moreover, both scribe and attesting witness did not present consistent and acceptable..........
Service -- Selection process - Re-evaluation of answer sheets - Unilateral exercise of re-evaluation undertaken by High Court has not solved, but rather contributed to chaos - No rule or regulation was shown by any party during hearing which justified approach adopted - Bihar Staff Selection Commission (BSSC) acted correctly in first instance, in referring answers to..........
