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GUJARAT HIGH COURT

Year of decision: 2013
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 42, 43, 50, 54 -- Recovery of `ganja' - Conviction - Validity - 20 kg 760 gms of ganja recovered from accused while sitting on railway platform - Samples sent to FSL found to be of ganja - All mandatory provisions under NDPS Act fulfilled - No material contradiction which would even raise suspicion about..........

BOMBAY HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file - Order passed by trial Court refusing permission to take written statement on record on the ground that defendant was not diligent enough to fulfil his undertaking - Defendant allowed to submit written statement on payment of costs of Rs.10,000/- in the paramount interest of substantial..........

BOMBAY HIGH COURT

Year of decision: 2013
Details

Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, Rule 8(6) -- Sonography centre - Deemed renewal of registration - Upon failure of the appropriate authority to either renew the certificate of registration or communicate its rejection within a period of ninety days from the date of application, the certificate of registration is..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Brown sugar - Recovery of - Non production before Court - No explanation for its non production - Evidence of witnesses to the seizure of material does not establish the seizure - Conviction set aside...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, 6B, 6C, 6D, 6E, 6F, 6G -- Counter claim - Every principle that applies to adjudication of suits, applies to counter claim also - Counter claim for all practical purposes, resembles an independent suit, be it in the context of limitation, payment of Court fee and the like - Counter claim can be made even while acknowledging any..........

DELHI HIGH COURT

Year of decision: 2013
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 8 -- Recovery of 500 gm. of herion from a hotel room - Room was booked in the name of friend - Accused had come to meet his friend - Accused cannot be held to be in possession or conscious possession of contraband - Prosecution failed to prove identity of friend of accused - Acquittal - Order upheld...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 8 -- Unregistered document of lease - Arbitral clause - Severance of - Held, an arbitral agreement itself does not require to be registered and consequently a clause for an arbitration in an unregistered document of lease which is required to be registered could be severed from other clauses and given effect to...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 8 -- Termination of contract - Effect on arbitral clause contained therein - Held, an arbitration clause which formed part of contract shall be treated as agreement independent of other terms of contract and hence arbitration clause continues even if contract does not continue...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Arbitration and Conciliation Act, 1996, Section 8 -- Arbitral proceedings - Interference by Civil Court - Exercise of jurisdiction - Held, 1996 Act is a complete Code in itself - If an arbitral process has started, then interference by a Civil Court would still be circumscribed by width of jurisdiction that is provided under the Act itself - No Civil Court will exercise..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

, Section 13, 8 - - Ejectment petition - Arbitral proceedings - Objection such as that arbitrator cannot be impartial and that he is himself Director of company - Held, it is not an objection that can be brought by one of parties to arbitration through an independent suit or a petition before a Civil Court - On other hand, it must be done before arbitrator himself and an..........

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