Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Non compliance of order passed for supply of copies to accused - Not a ground to grant Bail - Limitations placed by section 37 are to be satisfied - Case not covered by exception given in section 37 - Bail cancelled...........
Civil Procedure Code, 1908, Section 44A(2) -- Section 44A CPC - Purpose of - Execution of decree passed by Court in reciprocation territory - Peoples' Republic of Bangladesh has been declared as reciprocating territory for purpose of S.44A - Courts of District and Subordinate Judges in Bangladesh specified as superior Courts of Bangladesh - Decree passed by these Courts in..........
Indian Penal Code, 1860, Section 471 -- Forgery - Ingredients - (i) fraudulent or dishonest use of document as genuine - (ii) knowledge or reasonable belief on the part of person using the document that it is a forged one - To attract section 471 it is not necessary that accused himself had forged the document or person independently charged for forgery of the document..........
Indian Penal Code, 1860, Section 471, 120B -- Forgery - Acquittal of co-accused charged for conspiracy - Will not affect the accusations under Section 471 - If the charge of conspiracy is followed by substantive charge of another offence there is nothing to prevent the Court convicting an accused for the substantive charge even if the prosecution had failed to establish..........
Prevention of Corruption Act, 1947 -- Section 5 (2) - Independent Witness - Interested Witness - Panch Witness - Trap - Rs.100 recovered from accused - Plea that panch witnesses were interested witness as they were working under father of complainant - No suggestion to this affect put to witnesses or Investigating Officer - Complainant's father was working in Health..........
Industrial Disputes Act, 1947, Section 2(s) -- Workman - Respondent working as Deputy Manager ( Engineering) in Tata Risk Management Service - He was highly educated a chartered engineer - The work of the employee was that of a highly qualified and specialized consultant - By no stretch of imagination respondent can be called a skilled workman doing manual or non-manual..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Ingredients to draw presumption - Presumption can be raised only if accused being tried for the offence under section 304-B and death of women should be caused by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage - Deceased..........
Indian Penal Code, 1860, Section 304B -- Section 113-B - Dowry death - `Soon before death ` - Scope and Ambit - Soon before would depend upon circumstances of each case and no strait jacket formula can be laid - No period can be fixed to define the expression - It would normally imply that the interval should not be much between the concerned cruelty or harassment and..........
Dowry Prohibition Act, 1961, Section 2, 3, 4, Indian Penal Code, 1860, Section 304B, 498A -- Dowry - Agreement - Plea that there must be an agreement for dowry - Not necessary to have an agreement - Definition of dowry to be interpreted with other provisions including Section 3 of 1961 Act...........
Consumer Protection Act, 1986, Section 2(1)(r) -- Housing - Unfair trade practice - Request for cancellation of flat and refund in terms of provisions in brochure refused by the builder and threat given of forfeiture of entire amount of consideration paid by the complaint-flat purchaser - Held that it would amount to unfair trade practice within the meaning of Section..........
