Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Contraband - Recovery of 236 cough syrups containing psychotropic substances - Conviction - Modification of sentence - Trial Court sentenced accused to undergo R.I. of 12 years and fine of Rs.1.1 lakhs(each), in default to undergo R.I. of 3 years - Trial Court failed to record specific or any special..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - Charge already framed - However, there are 67 witnesses and recording of evidence is yet to commence - There are no antecedents of appellant brought on record - As rigours of S.45(1)(ii) of the Act will not apply, Special Court ought to have treated application as one u/s 439 Cr.P.C or S.483 BNSS - As..........
Agreement to sell -- Specific performance - Defendant not denied the execution of agreement but stated that same was executed by defendant at the time when he was not in his proper senses owing to old age - Defendant opted to appear through his special power of attorney (SPA) and himself remained absent - Special power of attorney admitted that his grandfather/defendant..........
Tamil Nadu Societies Registration Act, 1975, Section 30 -- Amalgamation of two societies - Prior approval of District Registrar before passing Special Resolution and two societies amalgamating having same objectives, are not pre-conditions/mandatory conditions for amalgamation of societies...........
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4) -- Bail - When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, power to grant bail should necessarily be subject to satisfaction of conditions mentioned..........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Settlement before DRT - Quashing of proceedings - Consent terms were submitted by parties before DRT - Bank had suffered losses to the tune of Rs 6.13 Crores approximately - Hence, a substantial injury was..........
Special Marriage Act, 1954, Section 4 -- Marriage between a Hindu and Muslim - Validity - There is a prohibition in personal law i.e Mohammedan Law that a Mohammedan boy cannot perform marriage with a Hindu girl - However, there is no bar, if marriage takes place u/s 4 of the Act...........
Live-in-relationship -- Protection to life and liberty - Mohammedan boy and a Hindu girl are in live-in-relationship and they wish to perform marriage - Since, there is no prohibition u/s 4 of Special Marriage Act to marry in between the respondents, State authorities directed to facilitate them to appear before Marriage Officer - If any hindrance is created by anyone,..........
Contempt of Courts Act, 1971, Section 19 -- Appeal - Dismissal of contempt application - Single Judge while dismissing contempt application has not gone into merits of the matter - Appeal u/s 19 of the Act held, not maintainable - Remedy available to respondent was to challenge the order of Single Judge by way of special leave petition...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation to CBI - Entrustment of investigation of matters routinely to CBI not only leads to an unmanageable burden on the premier investigative agency, but also has a very serious and far-reaching, demoralizing impact on the officers of State police - It may not be prudent to proceed on the premise..........
