Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 340 -- Dishonour of cheque - Accused producing receipt showing payment - Contention of complainant that receipt is forged - Enquiry by Court under Section 340 Cr.P.C. initiated - Proceedings under Section 138 cannot be stayed pending enquiry - Scope of both the proceedings is different...........
Constitution of India, 1950, Article 226, 227 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction and sentence under section 25 of N.D.P.S. Act read with section 46 of B.S.F. Act - Bail - Section 32A of the N.D.P.S. Act does not impair the powers of the High Court in suspending sentence and granting bail - The petitioner has already remained in jail for..........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Quashing - The High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India is not competent to quash the proceedings where the investigation is complete and the challan has been filed..........
Punjab Land Revenue Rules -- I9-C - Backward Class Lambardar - Commissioner in appeal reversed order of Collector and appointed respondent as Lambardar finding him a Middle pass, active member of Zila Sainik Board, having excellent character in the Army and also contributing to School of Handicapped every year - Financial Commissioner upheld appointment made by..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Confession of - Not indefeasible right - This right on account of the default of prosecution when it did not file the challan within the statutory period of 60/90 days - This right comes to an end with the filing of challan - If the accused has got bail before the filing of the challan his bail can be cancelled only..........
Punjab Land Records Manual -- Para 7.29 - Correction in record of rights by `Farad Badar' - Revenue Officers have no jurisdiction - Only Civil Court has jurisdiction to order correction - Punjab Land Revenue Act, Section 45...........
Limitation, Article 58,113 -- Plaintiff seeking declaration of title in property and defendant denying plaintiff's title - Suit under Section 34 Specific Relief Act - There can be no right to sue until there is accrual of right asserted in the suit and its infringement or at least a clear and unequivocal threat to infringe that right, by defendant against whom suit is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Appeal against conviction - Mandatory provisions of Section 50 of the Act not complied with - Link evidence held to connect the accused with the alleged recovery held to be missing - No independent witnesses joined despite the secret information available with the police about the accused having opium in..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of complaint - Of offence under Section 409 - During investigation complainants filing affidavit before police that they have received money and compromised the matter - Held that the police in cognizable no, compoundable offence are duty bound to conduct the investigation according to law and file the..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Mandatory injunction - Execution of decree - Decree passed for restoration of possession - Decree holder has a right to execute the decree - The executing Court can issue warrant of possession - Objector cannot turn round to say that the decree is not executable by issuing warrant of possession - Decree has been..........
