Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 4 Kg opium - Non-compliance of S.50 of the Act - DSP who had joined the police party headed by SI, having specifically extended offer of search before Magistrate in addition to be searched before himself being a gazetted officer to accused - Accused being made aware of his right in this context..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Court can waive waiting period of six months, after considering : (i) statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year u/s 13B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C. - Complainant is not bound to examine himself during enquiry u/s 202 Cr.P.C. after recording of his initial statement u/s 200 Cr.P.C. - However, if substance of his examination is recorded u/s 200 Cr.P.C. as required in said section and complainant feels necessity to give a detail account of incident to..........
Evidence Act, 1872, Section 126 -- Fiduciary relationship - Nothing in Section is protected from disclose relating to any such communication made in furtherance of any illegal purpose; any fact observed by any barrister, pleader, attorney or vakil in course of his employment as such, showing that any crime or fraud has been committed since commencement of his employment -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application..........
Succession Act, 1925, Section 306 -- Malicious prosecution - Suit for damages for malicious prosecution does not fall in exception created by S.306 of Act, i.e. defamation or assault or personal injury - Cause would fall within main and general language of S.306 of Act and not in exceptions created by Section - However, claim against appellant on account of malicious..........
Indian Penal Code, 1860, Section 498A -- Preventing the misuse of offence u/s 498-A IPC - Directions issued : (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in..........
Hindu Succession Act, 1956, Section 6(u -- Inheritance - Suit for declaration of title - Suit property is co-parcenary property of grandfather of plaintiff, who expired in 1959 - Succession will open after death of grandfather of plaintiff - Present suit filed in 1993 - Since plaintiff is a daughter, parties are governed by provisions of old S.6 of the Act and amendment in..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- "Terrorist activity" - Meaning - Terrorist activity is not confined to unlawful activity or crime committed against an individual or individuals but it aims at bringing about terror in minds of people or section of people disturbing public order, public peace and tranquillity, social and communal..........
