Court Fees Act, 1870, Section 7, Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licensee - Suit for mandatory injunction that licensee be removed from the licensed premises, alongwith claim of damages - Court directed that plaintiff will pay eventually Court fee at whatever rate the damages are paid to him - Held, no advance Court fee on the arrears of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 42 -- Contraband - Search - Mandatory requirement prescribed u/s 50 has to be complied with only when a search is carried out on the body of a person - Provision of S.50 of the Act is not applicable when there is search of any premises - For search of premises the compliance required to be carried out is as..........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- Recovery of heroin - Secret information - Search and seizure - Search authorization on the basis of Secret information, has not been produced on record - Admittedly no option as required by S.50 of Act was given to accused persons before conducting search - S.42(1) of Act comes into play attracting the..........
Criminal Procedure Code, 1973, Section 107, 111 -- Offence u/s 107 IPC - It is mandatory that an order issued u/s 111 Cr.P.C. by exercise of jurisdiction u/s 107 Cr.P.C. to set forth the substance of information received, the amount of bond to be executed, the term for which it is to be in force and the number, character and type of securities, if any, which are required...........
Family Courts Act, 1984, Section 9(1) -- Settlement - S.9(1) of the Act does not insist upon Family Court to direct the parties to undergo process of counseling invariably in all cases as a mandatory requirement - However, it would not preclude Family Court from making an endeavour for a settlement of reunion of spouses, if it is found that there is chance for such a..........
Family Courts Act, 1984, Section 9(1) -- Settlement - It is not mandatory on the part of Family Court to insist the parties to undergo counseling in cases of joint petitions for dissolution of marriages filed either u/s 13-B of Hindu Marriage Act or u/s 10-A of Divorce Act - However, insistence of statutory waiting period and subsequent ascertainment of attitude of parties..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4.5 kgs Charas - Secret information - Non-compliance of provision of S.42 of Act - I.O admitted that secret information was not reduced into writing and no information was sent to any superior officer - There is no, compliance of mandatory provision of S.42 of Act - Accused acquitted...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - `Shall' - Use of word `shell' does not always make the provision mandatory - Provision can still be directory, depending on the nature of provision and context in which it is enacted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.100 kg charas - Compliance of S.50 of the Act is mandatory when personal search of accused is carried out - Instantly, PW11 has not apprised accused of his legal right to be search before a gazette officer or a Magistrate, though personal search of accused had conducted - There is no,..........
