Showing : 771-780 of 5566 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 28, 23-- Contraband - Recovery - Whole prosecution case hinges on recovery - Testimony of PWs 8 & 9, panch witnesses depict a different picture than the one portrayed by official witness - When statement of official witness is impaired due to infirmities, it is not safe to place reliance upon the same and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Indian Air Force - Premature retirement - Order of recovery of pay and allowances during period of study leave - Challenge as to - Plea of discrimination - Plea taken on the basis of a document obtained under Right to Information Act, showing different treatment, as proportionate recovery was..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit for recovery - In case of cheque, until and unless cheque is dishonored, plaintiff cannot maintain a suit U.O.37 CPC...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Suit based on dishonoured cheque of Rs.15 lakhs - Three payments were made by defendant after issuance of cheque - There is mere bald denial of receipt of these payments and effect thereof is not clear - Plaintiff does not say that despite said three..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29-- Recovery of 7.2 kg opium - Bulk quantities of contraband not exhibited to witnesses at the time of adducing evidence - Prosecution story rightly disbelieved - Acquittal by High Court calls for no interference...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29-- Recovery of 7.2 kg opium - Non-production of bulk quantity of opium - Would create a doubt in the mind of Court on genuineness of samples drawn - Simple argument that same had been destroyed cannot be accepted, as it is not clear that on what authority it was done - Neither application for..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 8, 18, 29-- Confession - Recovery of 7.2 kg opium - Confessional statement of accused recorded while he was in custody and time was not mentioned on statements - Said fact is corroborated by Narcotic Officer and PW6 - Statement of accused confessing crime was thus, not voluntarily made and hence not reliable...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 307, 34-- Attempt to murder - A-5 and A-6 named in FIR as well in alleged oral declaration of deceased - Even recovery of weapons supports case and statements of PWs pointing guilt of these accused - Evidence of doctor and injuries sustained by deceased clearly establish guilt of A-5 and A-6 - Merely not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4)-- Bank loan - Recovery - Writ petition thereagainst - Maintainability - Remedy against action of Bank u/s 13(4) of the Act is available to challenge by aggrieved u/s 17 of SARFAESI Act - Institution of writ petition directly u/art 226 of Constitution is unsustainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 12-- Anticipatory bail - FIR was registered u/ss 354-A, 34 of IPC in which petitioners were granted bail - Later S.354-D of IPC and S.12 of POSCO were added - Petitioners whether falsely implicated, is a fact which would be deciphered only during course of trial - Held, since petitioners are not..........

Showing : 771-780 of 5566 Results