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SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 451, 482 -- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it is the Authorised Officer..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Consumer Protection Act, 1986, Section 12 -- Insurance claim - Insurance of borrower of loan against personal accident - Death due to malaria - Illness of encephalitis malaria through a mosquito bite cannot be considered as an accident - It was neither unexpected nor unforeseen - It was not a peril insured against in the policy of accident insurance...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 15 injections of Amin 10 ML and 15 injections of Bonorwin 2ML - Lady constable who conducted search was not examined by prosecution as a witness - Non-examination of lady constable creates doubt regarding her presence on the spot - Benefit of doubt thus, given to accused - Accused acquitted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 15 injections of Amin 10 ML and 15 injections of Bonorwin 2ML - Delay of 7 days in sending sample to Chemical examiner - Sample should be sent to FSL for analysis within 72 hours of recovery - No justification for such delay - Delay is fatal to prosecution case...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Amin 10 ML and 15 injections of Bonorwin 2ML - Non-compliance of S.50 of the Act - Recovery effected from carry bag of accused - Personal search of accused was also conducted - Accused is a lady, however, lady police present on the spot was not directed to conduct search of..........

DELHI HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant failed to make payment in terms of previous MOU, as cheque issued by defendant got dishonoured - Plaintiff filed a complaint u/s 138 of N.I. Act - Settlement again arrived at between parties before Mediation - Defendant contended that said settlement supersedes the..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 2(ff), 17 -- Employees Provident Funds Scheme, 1952, Paragraph 2(f) - Excluded employee - Retired railway employee who has withdrawn their accumulations in General Provident Fund or any other Fund of which they were members, cannot be treated as `excluded employee' for the purpose of Scheme of 1952..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Rajasthan Value Added Tax Act, 2003 - - Scheduled IV, Entry 155 - Rate of Tax - Mobile Crane Wire Ropes - Mobile Crane Wire Rope is an essential part of Mobile Crane as it comes under expression "including parts thereof" as inserted in Entry 155 vide amendment 2006 and therefore, falls in Entry 155 of Sch.IV of the Act - It is thus, chargeable @ 4% as prescribed in Entry..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - Non filing of reply or to make any objection to the application filed u/s 65 of the Act - Court to take a liberal view in allowing application by taking publication of public notice on record so as to enable the parties to have swift adjudication of the dispute - Impugned order of rejecting application set aside -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Guardians and Wards Act, 1890, Section 25 - - Custody of children - Claimed by father - Merely because FIR u/s 306 IPC was registered against father for alleged abetment of suicide of his wife, cannot be ground to deprive him custody of children, especially when he stood acquitted in said proceedings...........

Showing : 2471-2480 of 58596 Results