Hindu Marriage Act, 1955, Section 13, 23 -- Divorce - Non resumption of cohabitation for a period of one year after the decree for restitution of conjugal rights was obtained by wife - Wife never got that decree executed - Decree was obtained exparte - Husband cannot be said to be taking advantage of his own wrong - Held, husband is entitled to decree of divorce...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23 -- Accused alighted from train - She was having a bag containing motor parts - Each part contained heroine weighing 5.540 kg. - Testimony of official witnesses were consistent and reliable and there was no contradiction in their testimony - There was no hostility between official and accused - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23, Customs Act, 1962, Section 108 -- Heroin recovered from Pakistani national - Statement recorded in Punjabi u/s 108 Customs Act - Statement read over and explained to accused in her own language - Accused thereafter admitting the same correct, thumb marked - No illegality...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23 -- Recovery of heroin from Pakistani national - Independent witnesses given up being won over and only official witnesses examined - Held, no adverse inference can be drawn against prosecution for the same as testimony of official witnesses was reliable...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Cannot be challenged by a separate suit...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Drugs and Cosmetics Act, 1940, Section 18, 23 -- Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 66(1) - Petitioner a registered pharmacist, got a licence to sell, stock and distribute drugs - As per rule 66(1) any person holding valid drug licence can stock for sale the drugs in question..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3A -- Compromise decree - Setting aside - Title suit for setting aside compromise decree on ground that compromise was not lawful - Suit is specifically barred under order 23 rule 3-A - Remedy is to challenge said decree by preferring an appeal u/s 96 PC...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Execution - Order to proceed with attachment - Order can only be passed when either objection are not filed or objections are decided - When Court orders attachment then stage to file objections comes to an end - Once the Court decides to proceed with attachment then objections to execution cannot be filed..........
Civil Procedure Code, 1908, Order 21, Rule 22, 23, Civil Procedure Code, 1908, Order 43 -- Execution - Objections - Can only be filed before the Court orders to proceed with attachment of property - If thereafter objections are to be filed that can only be when order to proceed with attachment is set aside in an appeal - Though orders made U.O.21 CPC are not appealable as..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Filing of second suit before filing application of withdrawal of first suit - O.23.R.1 CPC is not applicable...........
