Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 2.5 kgs charas and 500 gms opium - Entry in Malkhana register to the effect that who has taken the property to Court is necessary as per Punjab Police Rules, as applicable to State of H.P - However, person who brought the case property from Malkhana to Court not examined - It casts doubt..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 100 -- Injunction - Concurrent finding whereby defendants restrained from dispossessing plaintiff except in accordance with law - However, finding that plaintiff can be evicted only under the provisions of H.P. Urban Rent Control Act, 1987, set aside - It is for the defendants to initiate..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Provisions of Rent Act not applicable - Lease of tenant can be determined by a notice to quit u/ss 111(h), 106 of T.P.Act...........
Criminal trial -- Material omissions and discrepancies - Depends upon facts and circumstances of each case - Material omissions and discrepancies have to be answered by the prosecution and non explanation creates a serious doubt about the truthfulness and credit worthiness of the investigation - Some of the material omissions in the instant case are : (a) Deceased was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 9.790 kg of charas/cannabis - Case property was produced before Court - However, who brought the case property from Malkhana to Court not proved - It casts doubt whether it is the same case property which was recovered fromaccused and sent to FSL or it was case property of some other case as..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Taking forcible possession by J.D. after passing of decree - Executing Court can execute decree by issuing warrant of possession - Held, none can be permitted to take forceful possession by violating prohibitory injunction decree - If J.D. enters into possession of property by violating..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions arising between the parties to the suit settled upto the highest Court - J.D. bent upon coercing D.H. for not obeying the order of Court - J.D. portrays that he intends to obey the decree of Court, but, in fact, is obeying the decree by defiance and wants to show himself as innocent saying..........
Indian Penal Code, 1860, Section 304 - - Culpable homicide not amounting to murder - Genesis of incident - Accused contended that incident occurred on account of an attempted act of sodomy by deceased upon accused `J' to which accused `H' had objected resulting in lathi blows being inflicted by two sides, rivals to each other - However, there is nothing on record to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of 222.0 grams of heroin and 03.397 grams of charas - Accused contended that no, enunciation of English alphabet `H' on 7 seals of parcel 2, in road certificate constitutes an discrepancy and rendering it to be not connected to case property - Omission of enunciation of English alphabet on seals..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Execution - Objections - J.D. by repeated applications obstructing and frustrating execution of decree - J.D. creating unwarranted hurdles in the execution of decree - Held, making of such repeated applications, particularly frivolous applications, is certainly not the right of any J.D. - Exemplary costs of..........
