Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Unregistered and unstamped sale agreement - Suit for recovery of money advanced under sale agreement - As suit is not for specific performance of contract or declaration of title as such agreement can be considered in evidence for collateral purpose, though it is unstamped and unregistered agreement...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of morphine 1 kg 10 gm - Accused was informed about his right under provision of S.50 of the Act, that he should get himself searched by a Gazetted Officer or a Magistrate, which was specifically waived off by accused and thereafter search was conducted by Station officer - Essential condition of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Bail - Recovery of morphine 1 kg 10 gm - Provision of S.50(1) of NDPS Act duly complied with - Sample was duly taken - Lack of independent witnesses would not vitiate recovery and arrest of accused - Merely because accused has no criminal history, would not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 34, Information Technology Act, 2000, Section 66 -- Anticipatory bail - Cheating - Mobile no. used in commission of offence is registered in the name of petitioner - It is for petitioner, who has to explain as to how said number was used for commission of offence - Petitioner not denied..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 457, 109, 166, 166A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(iii), 13(2) -- Quashing of proceedings - Offence u/ss 380, 457, 109, 166, 166-A, 120-B IPC and Ss. 13(1)(d)(iii), 13(2) of P. C. Act - Complicity of all accused in the occurrence is stated by LW1 to LW5 - Recovery..........
Indian Penal Code, 1860, Section 394, 302, 460, 34 -- Robbery and murder - Recovery of mobile phones - Recovery effected based on statement of accused from his house - However, in identification conducted by PW13, it has come out that two mobile phones were not mixed with any other mobile phones - No explanation given by accused as to how he came in possession of mobile -..........
Indian Penal Code, 1860, Section 394, 302, 460, 34 -- Robbery and murder - Criminal conspiracy - Testimony of PW5 - PW5 overheard conversation between all accused about criminal conspiracy - However, PW5 has not taken the name of present accused - Accused is not mentioned as one of persons who used to visit deceased's father though three of other accused were named - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 5.45 gms heroin - Petitioners were habitual consumers of heroin for past about 4-5 months and not drug peddlers - Investigation of case is almost complete - No criminal antecedent of bail petitioners reflected in status report -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 143, 147, 149, 506, 188 -- Anticipatory bail - Illegal extraction of sand - Accused reached on the spot at later stage - Though act of accused to reach on the spot in late hours may be sufficient to draw some nexus between accused and persons actually indulging in act of extraction of sand -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
