Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Charges were framed on 23.2.2024 and out of total 35 PWs only one PW has been examined till date - No recovery effected from petitioner and he was nominated only on the basis of disclosure statement of co-accused - Investigation of..........
Limitation Act, 1963, Article 65 -- Suit for declaration and recovery of possession - When in a suit for declaration of title, a further relief is claimed in addition to mere declaration, relief of declaration would only be an ancillary one and for the purposes of limitation, it would be governed by the relief that has been additionally claimed - Further relief claimed in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 420 -- Cancellation of anticipatory bail - Offence u/s 420 IPC - Accused has not misused the concession of bail or violation of conditions - Merely because recovery of defrauded amount has not been made is insufficient, particularly when investigating agency had not sought custodial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act is maintainable even though civil suit for recovery is instituted on the same cause of action...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Findings and reasoning provided by first appellate Court are consistent with established legal principles - First appellate Court decreed the suit of plaintiff after meticulously reviewing all evidence on record - Suit rightly decreed - Second appeal dismissed...........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of weapon of offence at the instance of accused - Recovery of hammer effected from a canal - Recovery panchnama shows that said hammer was having blood-stains which was packed in a bag which was put in water - Hammer was recovered from a place which is open and..........
Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of blood stained clothes of appellant - It is appellant who had informed police about the crime and he was present there, therefore, presence of blood-stains on his clothes cannot be said to be unnatural - However, recovery is from a place which is open and accessible..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Agreement to sell - Suit for specific performance - Trial Court partly decreed the suit to the extent of recovery of Rs.40,000/- - Separate appeal or cross objections thereagainst not filed - In the absence of cross appeal or cross objections, first appellate Court could not have recorded a finding that subject..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of possession - Plaintiffs by way of amendment for the first time pleaded that registered sale deeds do not bind them - Such a plea was not made at inception despite its knowledge - Reason mentioned in the affidavit is due to inadvertence - Amendment after commencement of trial is..........
