Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 21C, 23, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3 kg 546 gms heroin - Bail - Chance recovery - Recovery effected from the car and a weapon was also recovered from Border area at the instance of accused - Allegations against accused are serious - Accused is involved in four more cases..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 1 -- Rejection of plaint - Bar of subsequent suit - Earlier suit for partition dismissed as withdrawn - Cause of action for a suit for partition is a recurring one and where partition suit is dismissed, it does not bar filing of a subsequent suit, as even after dismissal of former..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Would be contrary to public policy and unenforceable - Wife would be entitled to seek maintenance, if she is unable to maintain herself...........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Liability of allottee to pay maintenance charges - Allottee has to make payment of maintenance charges to association - However, no claim is being raised by such association and such association is not a party to proceedings - More so, nothing on record that builder had authority to represent..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Delay of handing over possession - Builder offered physical possession of flat only on remitting of payments as per statements of accounts - Since the offer for possession was conditional on settling of accounts as accounts reflected illegal demand, there was no valid offer for possession - Order..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Delay of handing over possession - Delayed compensation - Quantum of delayed compensation has been enhanced by builder themselves along with provision for enhancement with respect to delay in payment if made by allottee in taking possession - National Commission in such circumstances, ought not to..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Prices mentioned in Ready Reckoner for purpose of calculation of stamp duty, which are fixed for entire area, cannot be basis for determination of compensation under the Act...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - There cannot be a uniform market value of land for the purpose of determination of compensation for lands acquired under the Act - Market value of different lands vary from place to place and it depends upon various factors...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge thereto - Merely because trial Court before whom application for consent decree was presented, referred the matter to Lok Adalat, cannot be a ground to doubt genuineness of consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge there to - Application U.O.23.R.3 CPC filed before trial Court - However, trial Court referred the matter to Lok Adalat - Lok Adalat passed the consent decree - Consent application was presented and signed by advocates for defendants and also parties who appeared before trial..........
