Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Independent witnesses not fully supported prosecution case - However, official witnesses have unequivocally stated about search and seizure of contraband - Defence failed to elicit anything from PWs which could suggest that they were in any manner inimical to accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Reduction of sentence - Incident occurred in 2002 and accused is facing trial since 2003 - Accused already remained in jail for 11 months and 17 days - Sentence of accused reduced to period already undergone by him - However, fine sentence with default stipulation as..........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Period of limitation starts from date of refusal of execution of agreement, as defined under the agreement or from date of knowledge of fraud, if any, found committed in the alleged agreement...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
Insolvency and Bankruptcy Code, 2016, Section 14(1)(d), 238, 7, Maharashtra Housing and Area Development Act, 1977, Section 76, 79 -- Insolvency proceedings - Moratorium - S.14(1)(d) of Code, about recovery of property "occupied" does not refer to rights or interests created in property but only refers to actual physical occupation of property...........
Electricity Act, 2003, Section 56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - Provision of S.56(2) of the Act restricts the right of licensee to disconnect electricity supply due to non payment of dues after the period of limitation of two years has expired - However, it does not preclude the licensee company from raising a..........
Electricity Act, 2003, Section 56(2) -- Electricity dues - Non payment - Provision of S.56(2) of the Act does not preclude the licensee company from raising an additional or supplementary demand after the expiry of limitation period u/s 56(2) of the Act in the case of mistake or bona fide error - However, it does not empower the licensee company to take recourse to the..........
Service -- Re-fixation of salary - Determination - Re-fixation of salary is entirely different from recovery of excess amount - Re-fixation of salary can only be done by Authority after following rules of natural justice - Employee is entitled to know as to on what account, Authority are proposing to re-fix the salary so that, employee can defend or object to proposal of..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Application for leave to defend the suit was not filed by defendant - But, contrary to provisions of law, written statement and affidavit was filed as of right - No triable issue was raised by defendant in trial Court - Vague and evasive explanation was given by defendant for not filing application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of poppy husk - Non-examination of independent witness - Independent witness remained associated with police party during entire recovery proceedings - Even seals were handed over to him - However, for reasons best known to prosecution, independent witness was not examined - Non-examination of..........
