Hindu Marriage Act, 1955, Section 25(1) -- Maintenance - Quantum - Mutual agreement for divorce and quantum of maintenance - Compromise decree passed - Held, even if agreement relating to quantum may be part of settlement but when the decree was passed on adopting the said settlement, it becomes the order u/s 25(1) of H.M.Act, 1955 - And where permanent alimony is not paid..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 67, Drugs and Cosmetics Act, 1940, Section 8, Drugs and Cosmetics Rules, 1945, Rule 65, Criminal Procedure Code, 1973, Section 482 -- Contraband - Buprenorphine Hydrochloride is not included in Schedule I to the NDPS Rules - Consequently its..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Reduction of sentence - Appeal pending since 15 years - Appellants have no other criminal antecedents - Fact that appellant `P' a lady aged more than 80 years has undergone approximately 11 months in custody - Appellant `G' aged more than 50 years has undergone approximately 2 years 4 months in custody - Further,..........
Specific Relief Act, 1963, Section 39, 41(h) -- Mandatory Injunction - Suit not barred by provision of S.41(h) of the Act, as plaintiff held to be owner of suit property and is residing in the same accommodation, thus, cause of action has arisen to plaintiff for filing suit for mandatory injunction - Plaintiff cannot be compelled to file a suit for possession, as held by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7.5 kg poppy husk - Case property produced in Court but person who brought the case property from malkhana to Court not examined - Entry in malkhana register to effect that who has taken the property to Court, is necessary as per Punjab Police Rules, 1934 as applicable to State of H.P - It..........
Hindu Law -- Ancestral property - Decree of gift - If land is transferred by way of civil decree, acquisition of said land at the hands of beneficiaries becomes self acquired property and loses the character of joint Hindu coparcenary property. (2010(3) Civil Court Cases 072 (P&H) followed.)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 330 gms charas - Nothing on record that Rr.22.70, 27.18 of Punjab Police Rules (as applicable to State of H.P) were followed while producing case property in Court and on returning the same - These Rules framed to ensure that case property from its initial stage of seizure till production in..........
Hindu Marriage Act, 1955, Section 5, 11 -- Second marriage during subsistence of first marriage - Second marriage is void - However, second marriage could not be held void if it is solemnized prior to enforcement of Hindu Marriage Act, as provisions of H.M. Act are prospective in operation...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2) -- Eviction - Demised premises commercial in nature - Right of succession is governed by Succession Act and not by S.2(j) of H.P. Urban Rent Control Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.980 kg charas - Case property produced in Court - Person who brought case property from malkhana to Court not examined - Entry in malkhana register to effect that who has taken the property to Court, is necessary as per Punjab Police Rules, as applicable to State of H.P - It casts doubt..........
