Indian Penal Code, 1860, Section 21 -- Public servant - Every officer who investigates or reports in any matter affecting pecuniary interest of Government is covered u/s 21 IPC...........
Prevention of Corruption Act, 1988, Section 2(c), 2(b), Indian Penal Code, 1860, Section 21 -- Public servant - As per evidence on record, it clearly shows that petitioner is appointed by Government of India and not by trustee as alleged by complainant - Hence, petitioner is public servant u/s 2(c) of PC Act and S.21 IPC and he is discharging public duty u/s 2(b) of PC..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not..........
Civil Procedure Code, 1908, Order 21, Rule 32(5), 97, 99 -- Execution of decree of injunction - Powers of Executing Court - Decree of injunction sought to be executed and in the process, a person is threatened with dispossession or is dispossessed - Such person has right to complain as per rules contained from R.97 onwards - More so, he cannot be shown exit door on ground..........
Civil Procedure Code, 1908, Order 21, Rule 21, 30 -- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition alternatively by proceeding..........
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21 -- Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 5 kg heroin - Mention of FIR number along with date on seizure memos or non examination of person who had taken Ruqa for registration of FIR does not impinge on the veracity of prosecution case in any manner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 5 kg heroin - Chance recovery - Accused apprehended in conscious possession of 5 kg of heroin - Independent witnesses not associated despite efforts in the wee hours of winter morning - Both accused were separately apprised their right under the Act - Samples were received with seals intact..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 32B -- Recovery of 5 kg heroin - Reduction of sentence - Recovery effected from conscious possession of accused without any permit or sanction to carry it - Purity of said heroin ranges from 78.23% to 80.44% - Recovery of sim cards of a neighbouring country points to a possibility wider network at play..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, Drugs and Cosmetics Act, 1940, Section 8C, 27B(2) -- Second bail application - Recovery of 1150 tablets Alprazolam and 1140 capsules Parvon spas - Gross weight of the drug is to be counted and not merely the net percentage/content of the salt in the..........
