Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Non-joining of independent witness - Recovery effected from public place - Police party thus, had ample opportunity to associate an independent witness but it failed to do so - Non-joining of independent witnesses thus, fatal to prosecution case, particularly when testimonies of official..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Non-production of charge sheet within 180 days of statutory period - Public prosecutor not filed any application for extension of period of investigation - There could not be any reason for Special Judge in not disposing of application..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - At the instance of prosecutrix and not public prosecutor - Public prosecutor did not raise any objection to the maintainability of application filed by prosecutrix - Court not bound by technicalities to ensure fair trial and to elicit the truth - Technicalities should not stand in the way of determining..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg ganja - Secret information - When search was conducted after recording reliable information in the police station u/s 42(1) of the Act as per FIR, therefore, even though seizure was made in a public place during day time, compliance of provision of S.42(2) of the Act was necessary...........
Punjab Town Improvement Trust Act, 1922, Section 32, 43 -- Power of development authority - As regards power to alter/change the scheme after its sanction, there is an enabling power with the Improvement Trust u/s 43 of the Act after obtaining the prior approval of the State Government - However, question is whether exercise of such power is bonafide and in public interest..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 195, 193, 120B -- Cheating - Election matter - Quashing of FIR - Allegation made in FIR did not disclose any cognizable offence - Remedy available to complainant was to challenge election at the appropriate forum rather than filing of FIR - Wrong facts in nomination paper of election to escape disqualification pertaining..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 143, 147, 148, 427, 149, Prevention Of Damage to Public Property Act, 1984, Section 3(2) -- Bail - Violence in the campus - Damage to public and private properties - Total loss tentatively calculated by I.O. as Rs.2,55,000/- - Five persons arrayed as accused - Applicants in custody since 6.10.2018..........
Allotment of land/accommodation -- Allotment to private educational institution - Social or welfare purpose - Land allotted by keeping in mind the public interest in the education of hundreds of children as well as considering the urgency of the matter - Action of State was backed by a social or welfare purpose - It did not suffer from vice of arbitrariness and was fair,..........
Allotment of land/accommodation -- Allotment to private educational institution - Consideration paid for two kanals and allotment of two kanals free of cost - Absence of any material to show that school was being run purely for charitable and educational purposes - There is loss to public exchequer to extent of Rs.16 lakhs for 2 kanals - Since appellant academy was running..........
