Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non compliance of S.50 of the Act - Once I.O. gives a third option i.e accused can be searched by him, offer is vitiated and provision of S.50 of the Act stand violated...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Sample was sent for chemical examination to FSL after a delay of 9 days - Representative sample is required to be sent to chemical examiner within 72 hours as per Standing Order No.1 of 1988 - Standing orders are mandatory in nature and omission on the part of I.O. with regard to..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation i.e Rs.2,30,000 as awarded by trial Court had been paid by accused to complainant - Complainant has no objection in compounding the offence - Offence compounded - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Reduction of compounding fee - Cheque amount is of Rs.2 lakh - Matter between parties ordered to be compounded - Since accused is a poor person, he is directed to deposit token compounding fee of Rs.5000/-...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against mother-in-law and two brother-in-laws - General and omnibus allegations were made against accused persons without any specific details as to how and when they subjected her to harassment to dowry particularly when they lived in different cities -..........
Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 316, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Parties lived in live-in-relationship for one year - FIR lodged when accused refused to marry victim - Keeping in view the uncertainty regarding conclusion of trial, one sided investigation by..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties and complainant has no objection in compounding the offence - Accused already deposited the entire amount of compensation - Offence ordered to be compounded - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Reduction of compounding fee - Matter between parties ordered to be compounded - Since accused is a poor person, he is directed to deposit token compounding fee of Rs.2500/-...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 100 gms intoxicant powder - Representative sample was sent after a delay of 6 days for chemical examination to FSL - However, as per instructions issued by Standing Order No.1 sample is required to be sent to Chemical Examiner within 72 hours - Standing Orders are mandatory in nature and..........
