Insolvency and Bankruptcy Code, 2016, Section 7, 9, Limitation Act, 1963, Article 137 - - Limitation Act is applicable to applications filed u/ss 7 & 9 of the Code - It is article 137 of Limitation Act which gets attracted - Limitation to file application is three years from the date of issuance of recovery certificate, as default in the case is not continuing -..........
Constitution of India, 1950, Article 227, Delhi Rent Control Act, 1958, Section 25B(8), 25B(9) -- Eviction petition - Leave to defend by tenant - Application dismissed - Review there against also dismissed - Both the orders challenged by way of writ petition under Article 227 Constitution of India - An order refusing leave to defend in favour of tenant is amenable to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 46 kgs Ganja (cannabis) - Neither brass seal nor specimen seal impression was forwarded to Court at the time of producing gunny bags in sealed condition - Paper slip containing signatures of witnesses also not utilized while sealing gunny bags - No sample was collected at the spot in..........
Adverse possession -- Perfection of title by adverse possession - Once the right, title or interest is acquired it can be used as a sword by plaintiff as well as a shield by the defendant within ken of Article 65 of Limitation Act and any person who has perfected title by way of adverse possession can file a suit for restoration of possession in case of dispossession...........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Judicial orders of Civil Courts are not amenable to writ of certiorari under Article 226 of the Constitution - Jurisdiction under Article 227 is distinct from jurisdiction under Article 226 of the Constitution...........
Criminal trial -- Voice sample for purpose of investigation - Absence of specific provision in the Code - Magistrate has power to order a person to give sample of his voice for the purpose of investigation of a crime till explicit provisions are engrafted in the Code of Criminal Procedure - Such power is conferred on Magistrate by Supreme Court in exercise of jurisdiction..........
Indian Penal Code, 1860, Section 380, 411, 413 -- Theft - FIR lodged against unknown persons - Subsequently, alleged recovered stolen ornaments with cash money was said to have been made from accused - Neither identity of recovered article was established nor produced before Court nor alleged recovered article was connected with incident of theft - More so, said recovered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1060 gms heroin - Difference in weight of substance in samples - Marginal difference between weight of samples, will not change identity of article collected on spot and received to laboratory, thus it is not fatal to prosecution case...........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Divorce petition allowed to be converted into divorce petition by mutual consent and divorce granted on execution of consent terms in between the parties - One of the consent terms was non claim of maintenance for the minor child by wife - Held, wife can give up..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of an article which was being carried by a person in his hand or on his shoulder or head etc. does not attract S.50 of the Act...........
