Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 35, 54 -- Conscious possession - Recovery of heroin from accused which they were carrying in a car - Held, accused were in conscious possession - Possession in a given case need not be physical possession but can be constructive, having power and control over the article - Once possession is established the..........
Sniffer dog -- No article belonging to the accused found near the dead body - It is improbable for sniffer dog to catch the smell of accused and track them down...........
Constitution of India, 1950, Article 142 -- Recovery for overpayment - Equal pay for equal work - Posts of Amins and Surveyors - Pay scale of Surveyor given to Amins as no material was placed before the High Court as to what were their duties, functions and qualifications etc. - On remitting the matter by the Supreme Court it was held that Amins are not entitled to the pay..........
Criminal Procedure Code, 1973, Section 228, 229, 482 -- Framing of charge - Production of documents - Trial Court cannot allow accused to produce any document at the stage of framing charges - However, High Court has such power to allow the accused under section 482 of the Code or under Article 226 of the Constitution...........
Constitution of India, 1950, Article 227 -- Civil Procedure Code, 1908, Order 39 Rule 1 - Application by petitioners seeking interim directions to respondent-Gram Panchayat from restraining them to take possession pursuance to warrant of possession issued by Assistant Collector u/S.(1)(2) of the Punjab Village Common Land (Regulation) Act, 1961 declined by Courts below -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Constitution of India, 1950, Article 227 - Amendment in written statement - Not the case of the defendant-petitioner that his status as tenant which he sought to assert by incorporating in para 3A in the written statement was not in his knowledge when he filed the written statement - The application held far beyond the scope..........
Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000, Constitution of India, 1950, Article 14,15(4),16(4),162,246,341(1),338(7),46,335,213,Entry,41,of,List,II,Entry,I,of,List,III -- Constitutional (Scheduled Castes) Order, 1950 - Scheduled Castes and Scheduled Tribes Amendment Act, 1976 - Reservation - Scheduled castes - Classification - Grouping of..........
Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000, Constitution of India, 1950, Article 14,15(4),16(4),162,246,341(1),338(7),46,335,213,Entry,41,of,List,II,Entry,I,of,List,III -- Constitutional (Scheduled Castes) Order, 1950 - Scheduled Castes and Scheduled Tribes Amendment Act, 1976 - Reservation - Scheduled castes - Classification - Grouping of..........
Constitution of India, 1950, Article 12 -- MARKFED - Whether an instrumentality and agency of the State and falls within the ambit of the expression 'Other Authorities' appearing in Article 12 of the Constitution? Held - Yes - MARKFED is a co-operative society, registered under the provisions of Punjab Co-operative Societies Act - The State Government exercises deep and..........
Arbitration Act, 1940, Section 30, 8, 20 -- Sole arbitrator - Proposed by one party and not responded to by the other party - There is no implied consent or acquiescence of the other party - Sole arbitrator appointed without intervention of the Court - Arbitration award is nullity - Award to be set aside even if objections are filed beyond period of limitation prescribed..........
