Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Defendant must specifically deal with each of the allegations of fact made in the plaint - Failure to make specific denial amounts to an admission...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Can be allowed to be filed beyond thirty days if defendant moves an application satisfying Court reason why written statement could not be filed within thirty days...........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Conviction u/s 9 of the Act - Evidence on record prove that accused has committed sexual assault on prosecutrix but manner in which sexual assault is committed does not bring case within sweep of S.9 of the Act - Thus, accused deserves to be convicted for offence u/s 8 of the Act, which..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2), Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 8 -- Eviction order - Order that tenant not to be evicted if he pays arrears of rent within 30 days from the date of order - Period of 30 days is to be computed by excluding the day on which order was passed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 471, 474 -- Recovery of 100 bags out of which 2 bags were containing 20 kg each of poppy straw and remaining 98 bags were containing 40 kg each poppy husk - There is no iota of truth in prosecution version as asserted in FIR and contents of FIR are false which clearly..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - No indication as to why defendant failed to disclose details in the original written statement - Order dismissing application, upheld...........
Haryana Agriculture Credit Operations and Miscellaneous Provisions (Banks) Act, 1973, Section 8 -- Agricultural loan - Default in repayment - Recovery application - Dismissal for want of prosecution - Order of restoration of application holding recovery of amount of loan statutory right of bank, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8 kg 100 gm opium - Non-production of muddamal in same condition before Court and no, production of control samples before Court - Serious infirmities in prosecution case - Fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8 kg 100 gm opium - Non-production of independent witnesses - Recovery effected from public place - However, no efforts made by police to procure independent witnesses - Non-production of independent witnesses casts serious doubt on prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Recovery of 40 bags of poppy husk - Non production of muddamal, sample in Court, no, deposit of sample in Malkhana, no explanation as to where sample remained for one month, are infirmities which go to root of case - Conviction and sentence set aside - Accused acquitted...........
