Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Plaintiff earlier moved applications U.O.7.R.14 CPC for five times - However, plaintiffs failed to bring present documents in earlier applications - If such documents are relevant, then plaintiff could have asked for the same in earlier applications - Application apparently looks nothing but a tool..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 137 kg 300 gm opium - Accused has suffered incarceration of nearly 5 years - No other case for offence under NDPS Act is registered against him - Though, quantity of recovered opium is quit heavy, but indefinite/prolonged incarceration of an accused without trial cannot be permitted, more so, when prosecuting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - Delay of 6 days in depositing case property to FSL - No explanation given for such delay - No link evidence is there to prove that in intervening period when case property remained in possession of MHC, seals were never tampered with - No..........
Limitation Act, 1963, Section 5, 29(2), Hindu Religious Endowment Charitable Act, 1959, Section 69 - - Applicability of S.5 of Limitation Act - Appeal u/s 69 of 1959 Act - Commissioner while hearing appeal u/s 69 of the Act is not entitled to condone the delay in filing appeal, since provisions of S.5 of Limitation Act shall not be attracted by strength of S.29(2) of..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Would be an order of dismissal passed in review application...........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Is maintainable - No appeal would lie from the rejection of..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Maintainability - Mere fact that review application is shown..........
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between..........
Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delay in construction of allotted flat - Demand of escalated cost - Appellant granted interest to all allottees including respondent on money deposited based on size of flats in pursuance of its own decision - This has been granted despite of specific covenant contained in letter of allotment that no interest..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Allegation of cruelty raised for the first time at the time of filing FIR which was lodged after a delay of one and a half day - Prosecution did not examine neighbour of deceased and appellant to substantiate allegation of ill-treatment - Reliance on general oral testimonies of prosecution..........
