Constitution of India, 1950, Article 226 -- Writ jurisdiction of High Court - Relief of restoration of possession of flat - Pure questions of fact - Could be answered one way or the other only by Civil Court in a properly constituted civil suit and on the basis of evidence adduced by the parties and not in the Writ Petition filed under Article 226 of the Constitution by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.750 kg ganja and 2.175 kg charas - Presumption of culpable mental state - No evidence produced by defence to rebut said presumption - Nothing adverse has come out from cross-examination of PWs for rebuttal of such presumption - Therefore, even by drawing adverse inference as accused were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(c), 23, 28, 29, 67 -- Bail - Contraband - Seizure of - Discrepancies in drawing of sample, custody, conveyance and forensic examination inter alia that three samples of 5 gms drawn in place of sample weight of 24 gms as mandated instruction issued by NCB - Physical properties, weight of suspected..........
Criminal Procedure Code, 1973, Section 451 -- Property u/s 451 Cr.P.C means any property regarding which an offence appears to have been committed or which appears to have been used for commission of any offence - Release of vehicle/article/currency notes u/s 451 Cr.P.C cannot be restricted merely on account of fact that they were used for commission of any offence...........
Hindu Marriage Act, 1955, Section 24, 28A, Family Courts Act, 1984, Section 18, Limitation Act, 1963, Article 136, 137 -- Interim maintenance - Non payment - Execution - Limitation - Interim maintenance order passed u/s 24 and enforceable u/s 28-A of Hindu Marriage Act or order passed by Family Court and enforceable u/s 18 of Family Courts Act, 1984, are having same force..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Irretrievable breakdown of marriage - Supreme Court by exercise of power under Article 142 Constitution of India granted divorce on the condition that husband shall pay Rs.30 lakhs towards permanent alimony - All pending cases arising out of matrimonial proceedings in between the parties disposed of...........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137 -- Ex parte order - Setting aside - Limitation - No limitation is prescribed for filing application to set aside ex parte order - In such a case it is Article 137 applies which prescribes period of limitation of three years when the right to apply accrues...........
Limitation Act, 1963, Article 55 -- Suit for damages - Limitation - Sale deed executed by defendant in favour of plaintiff without having any title to the property - Cause of action to institute suit arose on the date of sale deed - Starting point of limitation of three years as provided under Article 55 of Limitation Act would be the date of sale deed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contrabnad - Not always necessary that contraband article should be in possession of accused to attract S.21(c) of the Act - If any one of the ingredients mentioned in S.21 of the Act is satisfied, offence will be complete...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Suit for temporary injunction - Restraining publication of defamatory article - Fact that applicant and her family members are prominent public figures holding high public offices in State, would not provide license to Press and Media, to write something defamatory about them on ground that such information is in public..........
