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PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a)-- Usufructuary mortgage - Redemption - Limitation - In case of usufructuary mortgage, where no time limit is fixed to seek redemption, right to seek redemption would not arise on the date of mortgage but will arise on the date when mortgagor pays or tenders to the mortgagee or deposits in Court, the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a)-- Usufructuary mortgage - Redemption - Limitation - Commences when `right to redeem' or to `recover possession' accrues - Such a right accrues only when mortgagor returns the mortgage money - Held, suit filed within thirty years after offering payment of full mortgage money, is within limitation...........
KERALA HIGH COURT
Year of decision: 2014
Details
Easements Act, 1882, Section 61-- Revocation of license - May be express or implied - Licensor was contending from beginning that license was revoked - In such a case, in absence of any document to prove such revocation, it has to be treated as an implied revocation within meaning of S.61 of Act - Moreover when licensee himself..........
DELHI HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Plaintiff as agreement purchaser is only entitled to claim specific performance against subsequent purchaser and would have no locus to challenge the said transaction between seller defendant and subsequent purchaser - As plaintiff is not entitled to relief of specific..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Evidence Act, 1872, Section 27-- Recovery of opium - Disclosure statement which has not culminated in recovery of material object would be of no use during course of trial...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 27-- Quashing of FIR - Recovery of opium - No reference made by co-accused about involvement of petitioner - Except disclosure statement of co-accused u/s 27 of Evidence Act, there is no incriminating evidence available on record as against petitioner - Disclosure statement also had not culminated in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 119, Order 3, Rule 1, 2, Advocates Act, 1961, Section 32-- Right to appear - Non-lawyers - Court has power to grant permission to non-lawyers to plead/argue cases in certain special circumstances, if such circumstances exist in a particular case - Permission cannot be granted as a matter of course unless special circumstances are pleaded and established...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 61-- Recovery of charas - Conscious possession - Two accused persons occupying seats Nos.32 & 34 of bus and in between them on seat No.33 bag containing charas weighing 4kg. 847 gms was lying on upper side - Bag was not found in possession of either of accused - No evidence that bag was hidden by any..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Foreign Exchange Regulation Act, 1973, Section 56, 61, 62, Criminal Procedure Code, 1973, Section 407, 439- - Offence under the Act - Held, not exclusively triable by Magistrate of 1st class - Transfer of case to special Judge not illegal - It does not have effect of taking away right of appeal - Appeal from order of Special Judge can be preferred to High Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 27A, 29, 61, 37, Criminal Procedure Code, 1973, Section 439-- Recovery of 7 kg. of opium from accused and his co-accused - Bail - Accused alleged to be leader of gang of smugglers - Recovery of commercial quantity - Held, petitioner is not entitled to concession of regular bail...........

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