Service -- Assistant Public Prosecutors - Disparity in age of superannuation of Assistant Public Prosecutors on or before 31st March 2013 and those who joined on or after 1st April 2013 - Conditions of service of concerned set of Assistant Public Prosecutors is distinct, thus contention regarding disparity in age of superannuation rejected - Assistant Public Prosecutors..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1200 gms charas - Non-compliance of S.50 of the Act - Recovery effected from the bag carried by accused which included his personal search also - Compliance of S.50 of the Act, thus mandatory - However, I.O not made out strict compliance of said section - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Trial held to be nullity and non est being conducted by Court having no jurisdiction - Complaint pertains to 2007 and 11 years have already elapsed since institution of complaint - Petitioners cannot be held responsible for long trial because..........
Defamation -- Definition of offence of defamation u/s 499 IPC is not applicable to civil wrong - However, ingredients of defamation under said Section can be applied to civil wrongs...........
Indian Penal Code, 1860, Section 153A, 153B, 295A -- FIR against production of film Padmavat - Allegation of twisting and distorting historical facts and events and thereby hurting the feelings of a section of society - Admittedly, allegations set out in FIR lodged well before the movie in question was released in theaters - Censor Board issued certificate of exhibition of..........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of suit - Following factors have to be taken into consideration while transferring a case : (a) Balance of convenience or inconvenience to plaintiff or defendant or witnesses; (b) convenience or inconvenience of particular place of trial having regard to the nature of evidence on points involved in suit; (c) issues..........
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 2(f)(1)(i) -- Madras Preservation of Private Forests Act, 1949 - Private forest - Exemption - If disputed land has no characteristics or features of forest, then land will fall under private forest as defined u/s 2(f)(1)(i) of 1971 Act and Act of 1949 is applicable to that land before appointed day and land..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 4 Kg opium - Non-compliance of S.50 of the Act - DSP who had joined the police party headed by SI, having specifically extended offer of search before Magistrate in addition to be searched before himself being a gazetted officer to accused - Accused being made aware of his right in this context..........
