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November 2019

SARFAESI—Auction Sale—Confirmation of sale of secured assets by bank- Writ Petition against such an action of Bank is not maintainable

By | November 21st, 2019|SARFEASI|

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Dishonour of Cheque—Notice—Merely because the notice was not responded to, would not be a ground to initiate prosecution by issuing summoning orders

By | November 21st, 2019|Cheque Bounce|

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Additional Evidence at Appellate Stage—S.391 CrPC does not in any manner restrict the jurisdiction of the Appellate Court to take further evidence beyond the statement of the accused under S.313 CrPC

By | November 21st, 2019|Additional Evidence|

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Dishonour of Cheque—Offence by Company-Summoning orders are not liable to be quashed merely because Form 32 has not been filed

By | November 21st, 2019|Cheque Bounce|

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Dishonour of Cheque—Offence by Company—Directions issued to trial court to insist upon production of Form 32 and annual return before summoning Dishonour of Cheque—Notice—Averments made in the legal notice cannot be constructed to be averments made in the complaint

By | November 21st, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Offence by Company—Directions issued to trial court to insist upon production of Form 32 and annual return before summoning Dishonour of Cheque—Notice—Averments made in the legal notice cannot be constructed to be averments made in the complaint

Bail-NDPS- Recovery of 8.7 gram heroin and 13 injections of Buprenorphine each containing 2 ml totaling 26 mi-Contention that as per FSL report each injection contained only 0.3 mg of schedule drug and total quantity would not fall in commercial quantity-Without commenting on merits, bail granted-

By | November 21st, 2019|Bail - Narcotics|

Comments Off on Bail-NDPS- Recovery of 8.7 gram heroin and 13 injections of Buprenorphine each containing 2 ml totaling 26 mi-Contention that as per FSL report each injection contained only 0.3 mg of schedule drug and total quantity would not fall in commercial quantity-Without commenting on merits, bail granted-

Bail- NDPS—Commercial Quantity-Conscious Possession—Recovery made from underneath the seat of driver-Petitioner was mere occupant of same vehicle- -Held; It is debatable as to whether the petitioner was in conscious possession of the narcotic or not-Trial to take time-Bail granted-

By | November 19th, 2019|Bail - Narcotics|

Comments Off on Bail- NDPS—Commercial Quantity-Conscious Possession—Recovery made from underneath the seat of driver-Petitioner was mere occupant of same vehicle- -Held; It is debatable as to whether the petitioner was in conscious possession of the narcotic or not-Trial to take time-Bail granted-

Summoning of Additional Accused—Incomplete statement of witness as the cross-examination was deferred—Such a statement cannot be held to be strong and cogent evidence to exercise powers u/s 319 CrPC

By | November 19th, 2019|Additional accused|

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Dishonour of Cheque—Presumption of Debt—Once the initial presumption stands rebutted, the complainant is required to prove its case beyond reasonable doubt

By | November 18th, 2019|Cheque Bounce|

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Negotiable Instruments Act, 1881, S. 138-Dishonour of Cheque-Notice- Merely because the complainant had not warned the accused of legal action on failure to pay the amount in the demand notice does not make the notice invalid.  

By | November 18th, 2019|Cheque Bounce|

Comments Off on Negotiable Instruments Act, 1881, S. 138-Dishonour of Cheque-Notice- Merely because the complainant had not warned the accused of legal action on failure to pay the amount in the demand notice does not make the notice invalid.  

Attempt to Murder-Bail-Contention that there is a cross case in which complainant is also attributed fire arm injuries- Petitioner have joined investigation-Without commenting on merits; bail granted

By | November 18th, 2019|Bail Granted|

Comments Off on Attempt to Murder-Bail-Contention that there is a cross case in which complainant is also attributed fire arm injuries- Petitioner have joined investigation-Without commenting on merits; bail granted

Murder–Bail–Case based on circumstantial evidence and there is no direct evidence-Petitioner is in custody for more than 2 years-Out of 34 witnesses only 25 witnesses have been examined-Bail granted-

By | November 18th, 2019|Bail Granted|

Comments Off on Murder–Bail–Case based on circumstantial evidence and there is no direct evidence-Petitioner is in custody for more than 2 years-Out of 34 witnesses only 25 witnesses have been examined-Bail granted-

Medical Termination of Pregnancy Act, 1971, S.3–Termination of Pregnancy~ Quashing-Mere recovery of instruments used for termination of pregnancy from a Hospital which is not approved for conducting such procedure cannot be ground for making out an offence under Act of 1971-FIR and consequent proceedings quashed

By | November 18th, 2019|Quashing|

Comments Off on Medical Termination of Pregnancy Act, 1971, S.3–Termination of Pregnancy~ Quashing-Mere recovery of instruments used for termination of pregnancy from a Hospital which is not approved for conducting such procedure cannot be ground for making out an offence under Act of 1971-FIR and consequent proceedings quashed

Dishonour of Cheque—Cheque issued in furtherance of compromise which did not materialised—No offence under S.138 of N.I Act is made out

By | November 17th, 2019|Cheque Bounce|

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Dishonour of Cheque- Probable Defence-Acquittal—Admittedly, complainant had accompanied the accused for opening of account and also stood as his gurantor-Complainant was also present when cheque book was issued to accused—Complainant failed to prove the legal liability against which cheque was issued-Accused took defence that he did not knew how to operate bank account and complainant had got done all the formalities and had misused the cheque- -Defence taken by accused is probable—Presumption of Debt stands rebutted-Accused acquitted.

By | November 17th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque- Probable Defence-Acquittal—Admittedly, complainant had accompanied the accused for opening of account and also stood as his gurantor-Complainant was also present when cheque book was issued to accused—Complainant failed to prove the legal liability against which cheque was issued-Accused took defence that he did not knew how to operate bank account and complainant had got done all the formalities and had misused the cheque- -Defence taken by accused is probable—Presumption of Debt stands rebutted-Accused acquitted.

-Bail-NDPS- Commercial Quantity-Recovery of 5.5 grams of Diphenoxylate which is marginally above commercial quantity and petitioner had earlier jumped bail also-Without commenting on merits bail granted

By | November 17th, 2019|Bail - Narcotics|

Comments Off on -Bail-NDPS- Commercial Quantity-Recovery of 5.5 grams of Diphenoxylate which is marginally above commercial quantity and petitioner had earlier jumped bail also-Without commenting on merits bail granted

Attempt to Murder-Bail-Contention that invocation ofS.307 IPC is debatable since all the injuries are on arm and leg- -Petitioner has been in custody for about 5 months-Without commenting on merits; bail granted

By | November 17th, 2019|Bail Granted|

Comments Off on Attempt to Murder-Bail-Contention that invocation ofS.307 IPC is debatable since all the injuries are on arm and leg- -Petitioner has been in custody for about 5 months-Without commenting on merits; bail granted

Bail- NDPS-Commercial Quantity-Recovery of two bags of 35 kgs each of poppy husk which is marginally above the commercial quantity-Petitioner in custody for about 8 months-Without commenting of merits bail granted-

By | November 17th, 2019|Bail - Narcotics|

Comments Off on Bail- NDPS-Commercial Quantity-Recovery of two bags of 35 kgs each of poppy husk which is marginally above the commercial quantity-Petitioner in custody for about 8 months-Without commenting of merits bail granted-

Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted

By | November 17th, 2019|Bail - Narcotics|

Comments Off on Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted