Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Statements of PWs are contradictory on the material points as they differ regarding time of reaching at the spot, duration of time for which they had remained at the spot and when ruqa was sent - They also differ as to whether people were passing from there or not - These discrepancies assume..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Where sale has been completed and title of property has been transferred in favour of transferee, even if full sale consideration has not been paid by transferee to transferor, sale deed cannot be cancelled by Court - In such a situation, transferor can file a suit for recovery of balance sale..........
Auction sale -- Setting aside - Non-filing of application u/ss 37-A or 38 of Revenue Recovery Act - Auction sale took place on 29.07.2005 and confirmation of sale was made on 23.07.2008 - Appellant admittedly did not file any application before competent authority within 30 days limitation prescribed u/ss 37-A or 38 of Revenue Recovery Act - Therefore, bar of limitation..........
Auction sale -- Setting aside - Auction and its subsequent confirmation have not been shown to suffer from any material irregularity, mistake or fraud as contemplated u/s 38 of Revenue Recovery Act - Auction purchaser paid full purchase amount on the day of sale and sale was confirmed only after due procedure and in the absence of any valid challenge - Issuance of sale..........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Mere fact there is no independent witness of recovery that by itself cannot be considered as a ground for grant of bail, inasmuch as, evidentiary value of testimonies of police witnesses..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by poisoning - Circumstantial evidence - Deceased himself made no statement as to how he fell ill or what caused his death - Post-mortem report was inconclusive, cause of death was not found and uncertainty prevailed and matter was referred to FSL where it was shown to be carbamate insecticide (Baygon) - In absence of..........
Indian Penal Code, 1860, Section 395, 397 -- Offence u/ss 395, 397 IPC - FIR lodged after about 10 hours of incident without any explanation - Material contradiction between evidence of PW1 and PW2 with regard to breaking and non-breaking of doors of constructed room - Except appellants, other unknown dacoits covered their faces at the time of incident, which is highly..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Insurance company failed to bring out the absence of due diligence in employment of driver or entrustment of vehicle, to prove breach by insured - High Court had erred in finding that there was collusion between employer and employee merely for..........
