Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Issuance of warrants - Property in question already attached - There is no reason to issue warrants of arrest by taking recourse to O.21.R.37 CPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 66 -- Presumption as to documents - Enquiry reports - Documents in question were not produced, furnished, seized from control and custody of accused - Statutory presumption cannot be attracted to such enquiry reports produced by DRI officers from their control and custody and tendered against accused in course..........
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), 32(2) -- Recovery of allopathic medicines - Without valid license - Competency of judge - Usage of wrong designation by trial Judge - Case committed to Court of Sessions by Magistrate - It was entrusted to Additional Sessions judge who proceeded with same by describing himself as Special Court - Usage of designation..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Will - Issuance of notice u/s 66 of the Act - Application filed U.O.11.R.14 CPC seeking direction to the defendants to produce Will - Amounts to sufficient notice to the defendant to produce Will in question - Application cannot be dismissed on the ground of no, issuance of notice u/s 66 of the Act - Application..........
Transfer of Property Act, 1882, Section 106, 107 -- Notice for eviction - Lease - Lease in question was for a period exceeding one year - Since it was unregistered, terms and conditions laid down therein were not enforceable nor binding upon parties in view of S.107 of the Act and S.49 of Registration Act - In the absence of any registered lease deed even if tenancy was..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Res judicata - Principle of res judicata is a mixed question of law and fact which may require not only examination of plaint but also other evidence and order passed in earlier suit may be taken up either as a preliminary issue or at the final hearing - But said question cannot be determined..........
Easements Act, 1882, Section 18 -- Customary easement - Defendants claimed customary easement of pathway on suit property - First appellate Court failed to draw distinction between customary rights and easement - Merely because First appellate Court failed to draw distinction between customary rights and easement, suit of plaintiff for permanent prohibitory injunction..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Circumstantial evidence - Absence of explanation of accused regarding death of deceased - House in question where accused and deceased were living was not exclusively occupied or inhabited by them - Second wife and mother of accused were living in the same house - Accused..........
Indian Penal Code, 1860, Section 499 -- Defamation - Exception 8 - Accused circulated contents of letters to students, lecturers and colleges staffs to defame complainant alleging that they illegally earned one lakh by conducting coaching classes - However, imputations in published letters found substantially true - Requisite mens rea, intent, knowledge to satisfy offence..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation - It is a disputed question of fact and can only be decided at the stage of final arguments after all the parties lead evidence...........
