Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant no.1 as party - Injunction suit - Matter pertains to forest department - Control of forests vested in State Government and not defendant i.e Municipal Corporation at the time of filing of suit in the year 2018 - Plaintiff therefore, cannot be impleaded defendant as a party only because at some..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from Delhi to Allahabad - Cause of action as per FIR alleged to have arisen in Delhi where matrimonial home of petitioner is situated - Most of PWs are situated in Delhi - 12 official witnesses are serving in Delhi - If transfer petition is allowed, they would be required to travel from Delhi to Allahabad which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 29.500 kg Ganja - Secret information - Secret information neither reduced into writing nor communicated to his immediate official superior - Such writing might have been in physical form or electronic mode, but nothing was brought on record that mandates of S.42 of the Act was complied - Charge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Ganja - Independent witnesses not supported prosecution case and turned hostile, but they admitted their signatures on relevant documents - Official witnesses however, have unequivocally stated about search and seizure of contraband from possession of accused - Defence has..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - False implication - Case rests mainly on testimony of complainant/victim's mother - Accused contended that he had asked to collect rent by DW2 from complainant and there was quarrel between them and due to this complainant falsely implicated him - Contention..........
Evidence Act, 1872, Section 114(e) -- Presumption - Official acts - There shall be presumption that all official acts have been regularly performed - Onus lies on the person who disputes the same to prove otherwise...........
Evidence Act, 1872, Section 114(e), 90 -- Documents executed by public authority - Documents more than 30 years old - Certified copy of Ex.D1 vesting title by Municipality, in favour of plaintiff's vendor produced - Plaintiff produced photocopies of all other resolutions, government orders and sale deed in favour of their vendor, by Municipality - Documents produced from..........
Criminal Procedure Code, 1973, Section 167(2)(a)(i) -- Official Secrets Act, 1923, S.3 - Application for release on bail - Ground that charge sheet has not been filed within 60 days - Order of Magistrate that in instant case time period for filing charge sheet would be 90 days - Challenge - Accused is being tried under Official Secrets Act, which does not talk about..........
Insolvency and Bankruptcy Code, 2016, Section 434(1)(c) -- Transfer of winding up proceedings pending in High Court to Tribunal - Proceedings for winding up of a company are actually proceedings in rem to which entire body of creditors is a party - Proceedings might have been initiated by one or more creditors but by a deeming fiction petition is treated as a joint..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 600 gms heroin - Testimony of official witness is consistent - Absence of independent witness thus, not fatal to prosecution case - Lack of any identification or a mobile phone in possession of accused is not sufficient to raise any reasonable doubts as to case set up by prosecution -..........
