Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61 -- Recovery of 2 kg charas - Prosecution alleged that accused was apprehended on suspicion at 6.15 A.M, who was travelling in a bus - However, bus ticket evidently reveals that accused boarded the bus at 6.51 A.M - Prima facie prosecution story that accused apprehended at 6.15 A.M is seriously doubtful if..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61 -- Recovery of 2 kg charas - Prosecution failed to establish the foundational facts beyond all reasonable doubt - Independent witness of the case declared hostile - Recovery of contraband not proved on record - Accused acquitted...........
Electricity Act, 2003, Section 61, 62 -- Determination of tariff - In instant case issue is whether tariff decided by Board under the Act is applicable on arc furnace industries established before year 1995 who were exempted of surcharge - Post Act of 2003 determination of surcharge levied on companies was based on voltage supply - Held, examination of fixation of tariff..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 49, Evidence Act, 1872, Section 61 -- Lease for more than one year - Evidentiary value of non registration of document - Once an instrument is compulsorily required to be registered under the provisions of TPA, 1882 and it is not so registered, it cannot be received as evidence of any transaction..........
Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 61 -- Determination of lease - Payment of rent - In the absence of substantive evidence such as account books, payment of rent cannot be accepted on basis of oral evidence...........
Indian Penal Code, 1860, Section 302, 328, 120B, Punjab Excise Act, 1914, Section 61(1)(a), Evidence Act, 1872, Section 7 -- Hooch tragedy - Consumption of poisonous liquor by hundreds of people - All victims, immediately after suffering the consequences of consuming liquor, made specific and categorical statement that they had purchased liquor from vends of accused - Such..........
Indian Penal Code, 1860, Section 302, 328, 120B, Punjab Excise Act, 1914, Section 61(1)(a) -- Hooch tragedy - Consumption of poisonous liquor by hundreds of people - Scores of them died and many more were rendered permanently blind - Direct evidence produced showing involvement of accused in commission of ghastly crime - Spurious liquor was purchased from shops of accused..........
Evidence Act, 1872, Section 61, 67, 68 -- Contents of document - Proof - Examination of scribe not necessary when contents of document otherwise proved - Contents of document proved by attesting witness - Stamp paper purchased by defendant and it was scribed in his presence - Attesting witness witnessed the scribing of document as well as the aspect of it being singed..........
Limitation Act, 1963, Article 61(a) -- Limitation - Suit for redemption of mortgage - Mortgage deed executed in 1969 for five years - Five years expired on 1974 - Period of limitation u/art 61(a) of the Act is 30 years when right to redeem or to recover possession accrues to mortgagor - Plaintiff filed the suit in 1987, thus suit filed within 30 years - Suit is not barred..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56, 61(c) -- Adoption of juvenile - Imposing condition of depositing Rs.10 lakhs by way of fixed deposit in favour of child/juvenile, while allowing application for adoption of juvenile is bad in law, as it is against the provision of S.61(c) of the Act - Said condition set aside...........
