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Punjab & Haryana High Court Monthly Digest September 2018

Court Fee - In the event of finding deficiency in Court fee, a notice can be issued to the plaintiff to make good the required Court fee. In the event of his failure to do the same, the suit can be dismissed on that account. State Bank of India v. Subhash Chander Jain, 11-09-2018



Narcotic Drugs and Psychotropic Substances Act, 1985 - the Investigating Officer being the complainant should have refrained himself from further investigation of the case as he was not only the complainant in the case, but he carried on with the investigation and examined witnesses under Section 161 Cr.P.C. The perception of the Officer, who had seized the contraband and arrested the accused would negate the concept of fair and impartial investigation. The plinth of justice dispensation system is founded on the faith, trust and confidence of the people. A litigant reasonably expects adherence to the rules pertaining to fundamental adjective and seminal substantive law while delivering reasoned decision. The fair investigation is the backbone of fair trial. Fair investigation could have been conducted only by a person, who has not effected the arrest, search and seizure at the initial stage otherwise, he would be interested person in order to see success of his own case. Jaspal Singh v. State of Punjab, 01-09-2018

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