Indian Penal Code, 1860, Section 499, 500 -- Defamation - Genuine assessment of State of affairs of administration at a given point of time cannot amount to defamation...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22 -- Recovery of charas - Appeal against conviction - Accused acquitted for following reasons: (i) prosecution not produced evidence to prove that recovered contraband was kept intact in malkhana from alleged date of its recovery; (ii) personal search of accused not conducted before a Magistrate or any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 930 grams of Hashish Oil - Mandatory provisions of the Act are not violated in the case - Plea of alibi taken by accused rightly rejected by trial Court, as same is not proved - Trial Court considered each and every point raised by accused - No interference warranted in conviction and..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Attempt to rape - Victim not identified accused - Mother of victim not supported prosecution theory and turned hostile - There are contradictory statements even on point of calling police - No injury mark was found on the body of victim - Doctor opined that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint from Court at Agra to Court at Siliguri - Delivery challan that all disputes will be subject to jurisdiction of Courts at Siliguri - It is not a bar for Courts in any other jurisdiction to entertain the proceedings - It is always open to accused to raise this point before Court at..........
Service -- Pensionary benefits - Qualifying service - Claim of parity - Appellant spent more than 7 years in CLR (Casual Labour Roll) service - He was at serial No.2 for grant of pensionary benefits - Appellant is being deprived of maximum pensionable service which would be permissible to him if his period of CLR service is recognized as qualifying service and there is no..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of fair rent - Rent Controller considered evidence and document with reference to same locality of petition mentioned property and found that tenant herein have not disputed that market value and they have not produced any contra evidence or document that at relevant point of..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time...........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Daughter not to be denied of his right of obtaining share on becoming coparcener and claiming partition of coparcenary property by setting up frivolous defence of oral partition and/or recorded in the unregistered memorandum of partition - Court has to..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time...........