Evidence Act, 1872, Section 40, 41, 42, 43 -- Previous judgment - Relevancy - (1) the previous judgment which is final can be relied upon as provided under Sections 40 to 43 of the Evidence Act; (2) in civil suits between the same parties, principle of res judicata may apply; (3) in a criminal case, Section 300 Cr.P.C. makes provision that once a person is convicted or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Criminal complaint - Existence of an agreement between the parties by which certain securities were given by the borrower to the lender which could be disposed of by the borrower for realising its outstanding amount of debt would not deprive the payee of the cheque from taking resort to the provisions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Non-compliance of - Effect - Police party received secret information, while they were on patrol duty - Priority was first to seize the contraband - DSP was immediately informed on wireless and he reached the spot - Failure to comply with Section 42 of NDPS Act cannot be said to be fatal to the case of the..........
Consumer Protection Act, 1986, Section 13(a) -- Procedure - Filing of reply - Condonation of delay - Appellants-OPs were given ab initio 67 days to file reply which was more than the maximum permissible time of 45 days prescribed in Section 13(a) of the Act - No reason much less reasonable explanation to indicate as to why the appellants could not file reply in time -..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Traveller's cheques - Purchase agreement of - Traveller's cheques (TCs) purchased under the terms and conditions embodied on the agreement of purchase entered into between purchasers of the TCs and the OPs - As per terms and conditions of the agreement the TCs could not be handed over for any consideration to a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18,50 -- Search and seizure - Partial offer - Recovery of 500 gms of opium from appellant-s possession - Non-compliance of provisions of Section 50 of the NDPS Act - Offer for search was partial as offer given by SI to the accused was only whether he wanted the search to be conducted in presence of a gazetted..........
Criminal Procedure Code, 1973, Section 438 -- Excise Act, 1914, Section 61 - Anticipatory bail - No incriminating circumstance qua petitioner-accused No.2 brought to the notice of the Court - His prayer for pre-arrest bail allowed - Involvement of petitioner-accused No.1 prima facie spelled out on record - Bail application qua him rejected...........
Penal Code, 1860, Section 364,365 -- r/w 120-B - Appreciation of evidence - Conduct of the prosecutrix showing that she was a willing party to go with the accused by riding the van in question and for taking her away the accused had not to use much force, which they otherwise would have used for carrying an unwilling woman - With non-examination of 'H - by prosecution, an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18,25,43 -- Search and seizure - Recovery of 2 kgs 100 gms of opium from the Tool Box of jeep - Contention of the accused-appellants that there was non-compliance of Sections 50 and 42 of the Act repelled - Section 50 of the Act will not apply as the search is not of the person but of the vehicle - The vehicle..........
Consumer Protection Act, 1986, Section 2(1),(d),(i),2(1),(d),(ii) -- Commercial Purpose - Clause of commercial purpose does not govern Section 2(1) (d) (ii) of the C.P. Act which relates to the service hired or availed by the consumer from the provider of the service - The condition of commercial purpose as incorporated in an explanation appended is in respect of Section..........
