Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 409, 420, 447, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1), 4(1)(A) -- Quashing of FIR - Offence u/ss 379, 409, 420, 447, 120-B IPC, Ss.13(2), 13(1)(d) of 1988 Act and Ss.21, 23, 4(1),..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 16 -- Eviction - Neither Tribunal nor Appellate authority on an appeal preferred u/s 16 of the Act, have jurisdiction to pass an order of eviction...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Father and his son and daughter-in-law are living in separate accommodations - Father is a pensioner and also has agriculture land from where he is earning sufficient to lead a dignified life - There is not even a single averment..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit can be withdrawn even at the stage of evidence...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At the stage of defendant's evidence - Suit is simpliciter for permanent injunction, thus it can be filed any number of times on recurring cause of action - More so, plaintiffs being masters of suit are at liberty to withdraw the same and it is power of Court to grant permission to withdraw from such a..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file comprehensive suit - Application for withdrawal of suit filed after completion of evidence and at the stage of hearing - Plaintiff has not pleaded that there is any formal defect in the suit or pleadings - She has not only to explain delay in filing application but at the same..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Petitioner had right to file recall application in case order was obtained on basis of compromise by practicing fraud and compromise application was not filed by him...........
Registration Act, 1908, Section 71, 23, 25 -- Refusal to register a decree - On the ground of limitation - Limitation prescribed u/ss 23, 25 of the Act will not apply to a Court decree, since it is not compulsory registrable - Respondent directed to register certified copy of decree in question...........
