Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination - When a defendant fails to appear or file a written statement, Court cannot dispense with points for determination altogether...........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination are Court's restatement of disputed questions (issues) that were placed before it and judgment must answer each - They serve to concentrate Court's reasoning and ensure completeness of adjudication...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 25, 29 -- Contraband - Quashing of proceedings - Substantial quantity of contraband (ganja) has been recovered - No categorical material on record at this stage to conclusively establish that recovery was pre-planned, foisted or fabricated - Plea of false implication constitute matters squarely falling..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Recourse to substituted service U.O.5.R.20 CPC is neither mandatory nor a condition precedent for treating service as valid...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 25, 29 -- Bail - Contraband - When as per investigation there are financial transactions establishing a monetary link between applicant and co-accused persons, indicating active coordination and involvement in alleged offence of tracking Ganja in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 25, 29 -- Bail - Contraband - Co-accused are still absconding - There are multiple witnesses to be examined - It will be premature for releasing applicant on bail, at this stage - Bail application dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - PW1 to PW3 stated that immediately on interception, bag of accused was searched and contraband detected - Consent letter was signed after detection was made and then confession was alleged to have been made - Attempt is to say that detection was separate from actual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - Site plan as available from records indicate that interception of accused was after he entered into territory of India - However, there is no such entry indicated in passport - Even if accused was arrested..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Consent letter as available in records indicate it to have been written in English and signed only by accused - However, evidence of PW1 indicates that consent letter was confronted to accused who recognized his signature - PW1 stated that he informed accused about..........
