Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 160 -- Recovery of 75 gms opium - Non-mentioning of names of persons who refused to join as independent witness impels Court to take view that it could be doubted whether actually police asked anyone to be a witness, which was very much required to prove recovery -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by husband that suit property belongs..........
Indian Penal Code, 1860, Section 394 -- Robbery - Allegation that accused committed robbery of silver chain of daughter of informant - However, no recovery reported and there is no whisper about any effort being made for tracing out looted ornament - Identity of real accused also disputed and their presence on the spot is doubtful - PWs are vacillating and giving..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Conviction - Testimony of sole eye witness - Reliability - Fact that sole eye witness being the son of deceased did not make any attempt to save his father and not even raised alarm for help, appears to be unnatural - Further, it is highly improbable that a son without making appropriate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 gunny bags of charas - Various contradictions and discrepancies in statements of PWs - Discrepancies are comparatively of major character and go to root of prosecution case - Evidence is scanty and lacking support to establish that contraband was really recovered from possession of accused in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Sought that referred documents are fraudulently manufactured by contesting defendant and to add an additional relief of decree of possession - Plaintiff NRI in advanced years of his life - Non inclusion of relief of possession is due to lapse of counsel as plaintiff was wholly dependent upon..........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14, Article 113 -- Rejection of plaint - Barred by limitation - Suit for recovery of money for balance amount due with respect to services performed - Cause of action with respect to sale of goods and services are governed by Art.14 r/w Art.113 of Limitation Act - Sale of goods and services more or..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Drugs and Cosmetics Act, 1940, Section 18C -- Bail - Recovery of 597 bottles of cough syrup and tablets from chemist shop - Accused was having valid licence to possess/store drugs allegedly recovered from his car and shop - Some of drugs are though covered under..........
