Specific Relief Act, 1963, Section 28 -- Extension of time - Decree of specific performance - Specific direction was issued to J.D. to execute sale deed within specified period of time, failing which D.H. was given right to get sale deed executed through process of Court - Executing Court, held, justified in granting time to D.H. to deposit the remaining amount...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 9 kg Ganja - Non-compliance of S.42 of the Act - Neither report of seizure of contraband, nor arrest of accused was given to superior Officer as laid down u/s 42 of the Act - Compliance of S.42 of the Act not proved by prosecution, which casts serious doubt on veracity of prosecution case -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 9 kg Ganja - Non-compliance of S.55 of the Act - No evidence led by prosecution that recovered articles were given in the charge of concerned officer of police station and alleged recovered contraband was kept in safe custody - Non-compliance of S.55 of the Act casts a doubt on veracity of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 9 kg Ganja - Non-compliance of S.57 of the Act - No report submitted during trial about arrest and seizure in compliance of S.57 to superior officer - There is thus, non-compliance of provision of S.57 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 9 kg Ganja - Non-compliance of S.50 of the Act - Accused was apprised of his right that if he wished his search be conducted before any Gazetted Officer or Magistrate - He did not agree of his search before Magistrate and he consented that search be made by police party itself - Provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 9 kg Ganja - Search and seizure - Serious contradictions found in statement of PW on question as to who brought weighing scale for weighing alleged contraband - Malkhana register not produced by prosecution during trial before Court - No evidence adduced by prosecution that recovered contraband..........
Civil Procedure Code, 1908, Order 21, Rule 11, 58(2) -- Execution - Executing Court giving effect to award of land acquisition compensation - Death of D.H. after passing of award - Will set up by one of the heirs of deceased - Enquiry by Executing Court as to genuineness and validity of will - Adjudication of rival claims in respect of immovable property can always be done..........
Indian Penal Code, 1860, Section 420, 120B, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B, 467, 468, 471, Prevention of Corruption Act, 1988, S.13(1)(d) - Quashing of FIR - Large scale corruption and siphoning of government funds - Land acquisition for the plant of Bhartiya Rail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(viia), 2(xxiiia) -- Entry No.239 and Note 2 of notification dated 19.10.2001, S.21 - Contraband - Determination of small or commercial quantity - Seizure of mixture of NDPS with one or more neutral substances - Quantity of neutral substance is not to be excluded and to be taken into consideration along with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contraband - Provision of S.21 of the Act is not stand alone provision and must be construed along with other provisions in the statue including provisions in NDPS Act including Notifications...........
