Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg 500 gms poppy straw - Search and seizure - Case property was never deposited in malkhana along with form No.29, rather same remained with SHO for which no entry was made in register - No such register was produced in Court - Seal of SHO not found on case property - Link evidence not..........
Prevention of Food Adulteration Act, 1954, Section 2(v), 13(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Non-compliance of S.13(2) of the Act - Delay in filing of complaint - It is evident from record that Food Inspector collected samples and sent them to Public Analyst on 7.05.2008, and Analyst`s report dated 16.06.2008 was received by him..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay of 9 hours in lodging FIR - Murder case - FIR lodged by complainant after waiting for her husband and her relatives - Such like conduct can hardly be said to be unnatural as complainant being a lady might have chosen to wait for her husband and relatives before taking any further step..........
Constitution of India, 1950, Article 226, Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982, Section 2(f) -- Illegal detention - Goonda - Representation - There is inordinate and unexplained delay of 14 days in submitting remarks by Detaining..........
Limitation Act, 1963, Article 137, Succession Act, 1925, Section 263 -- Limitation - Revocation of probate - Sought after 36 years of grant of probate - Limitation to revoke probate is three years as prescribed u/art 137 of Limitation Act, in the absence of any specific provision for Limitation under the Limitation Act - Plaintiff though minor at the time of grant of..........
Criminal Procedure Code, 1973, Section 173, 190 -- Delay in filing of charge-sheet or taking cognizance - Cannot be a circumstance or ground for dismissing complaint...........
Criminal Procedure Code, 1973, Section 190, 482, 468 -- Delay in taking cognizance - Not a ground to quash proceedings, even after expiry of period of limitation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 309 days in filing Criminal Leave petition - Explanation offered by appellant wholly inadequate, neither satisfactorily nor even justified - Court not persuaded to condone inordinate delay of 309 days - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Suit for recovery - Defendant got Court record inspected through advocate after passing of ex-parte decree and filed application U.O.9.R.13 CPC after 1-1/2 year without being accompanied by application for condonation of delay - Moreover, defendant entered into settlement with plaintiff after..........
Criminal trial -- Discrepancies - (a) Time of incident (b) Delay of four hours in registering case despite police reaching scene of occurrence immediately after the incident (c) Sketch showing change in place where incident took place, which is fatal to prosecution case - Acquittal - Calls for no interference...........
