Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Delay in producing material objects before Court - PW1's evidence that he produced the accused and material objects before Court on 19.9.2009 - Evidence of PW1 in this regard remains unchallenged and is corroborated by facts that documents including crime and..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against acquittal - Remand of case - Remand is not to be ordered as a matter of course - It is only if there is mis-trial or some technical issues have arisen that such an order may be made but in very rare circumstances...........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand - Application of mind is sine qua non at the stage of granting or refusing police custody of a person to investigating agency...........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand - Magistrate authorizing remand u/s 167 Cr.P.C can only examine record to see whether there exists some material to justify remand - However, Magistrate cannot conduct a roving enquiry to test sufficiency of material at this stage for obvious reason that investigation would be at a nascent stage and police are..........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand - Magistrate is not required to write an elaborate order granting or refusing remand while exercising jurisdiction to remand u/s 167 Cr.P.C - However, Magistrate is required to briefly set out his reasons...........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand - Matter involves public money - Custodial interrogation of respondents is required to unearth conspiracy hatched for last 9/10 years - Offence stated to have started way back in 2008 and offence of money laundering is complicated in nature requiring investigation of various aspects and money trail - Police..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Remand order - Second appeal not maintainable against remand order in view of O.43.R.1(u) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Since trial Court decided the suit only on the question of maintainability of the suit and has not recorded findings on other issues therefore, appellate Court by reversing findings of trial Court in respect of maintainability of the suit was required to remit the matter to trial Court for deciding the other..........
Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Rule 37(6) - - Termination order - Order set aside by High Court as requirement of R.37(2) of the Rules not fulfilled - Non-submission of enquiry report as per R.37(6) of the Rules - Report of Enquiry Committee was duly signed by all three members - Two members concluded that charges were duly..........
