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“Best-evidence rule”

NIA S. 145 – Evidence – No bar from filing fresh affidavit in trial.

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years..  [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149  – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

DNA – Evidentiary value of blood tests for determining paternity

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NIA S. 145 - Speedy disposal - Guidelines / Directions

Public Land - Encroachers – Trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat – Such kind of blatant illegalities must not be condoned

Home Criminal Negotiable Instruments Act

NIA S. 145 – Evidence – No bar from filing fresh affidavit in trial.

by Punjab Law Reporter
in Negotiable Instruments Act
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Negotiable Instruments Act, 1881 — Section 138, 145 –  There is no bar under the law thereby restraining the complainant to place on record the documents as well as detailed affidavit during trial in his evidence and the evidence tendered at pre-summoning stage is for the Court to make an intent as to whether all the necessary ingredients under Section 138 of the N.I. Act have been fulfilled or not at prima facie, which cannot debar the complainant from filing the fresh affidavit in post summoning stage.

read HERE 2019 PLRonline 3024

read HERE Prince Layer Cum Hatchery Farm v. Sanjeev Aggarwal, 2019 PLRonline 3024

Tags: NIA S. 138, NIA S. 145
Tags: NIA S. 138NIA S. 145

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