Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36 -- Contraband - Commercial quantity - Expeditious disposal of case - Directions issued: (i) Police report filed before Trial Court shall carry the details of officer heading the prosecuting agency; (ii) Head of prosecuting agency shall be responsible for supervising the progress of trial; (iii) on the day..........
Constitution of India, 1950, Article 32 -- Appointment of Deputy Chief Minister - Challenge as to - Deputy Chief Minister is first and foremost, a Minister in the Government of the State - Appellation of a Deputy Chief Minister does not breach constitutional position - Writ petition dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Accused has joined investigation and is not required for custodial interrogation - It is neither the stand of State counsel nor that of complainant that accused has misused concession of interim bail by threatening/intimidating the..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Burden of proof - Title of plaintiff is proved on record by plaintiff - High Court referred to multiple piece of evidence, orders and documents and string them together to come to a clear conclusion that title subsists in plaintiff - High Court did not solely rely on lack of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of writ petition dismissed in default - Application for restoration was filed within a period of one month which fact has been admitted by State - Said application was never considered on merits - Appellant still claims to be in possession of land under acquisition, writ petition preferred by appellant should have..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Direction issued to mandatorily mention in the application filed for grant of bail the following details viz. : (1) Details and copies of order passed in the earlier bail application filed by petitioner which have been already decided; (2) Details of any bail application filed by petitioner, which is pending in any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Quashing of summoning order - Petitioners are senior citizens and reside in Mumbai - Drill of S.202 Cr.P.C was not followed - Neither complainant nor State counsel able to controvert the same - Summoning order set aside - Matter remanded back to Magistrate to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Ex parte maintenance order - Husband as per his own pleading is working as a daily labourer and it can be assumed that he is earning at least minimum wages as notified by State of NCT of Delhi - Minimum wages for an unskilled employee as on today in State are Rs.17,494 pm - In such circumstances, monthly..........
Allotment of land -- Whenever State intends to transfer any land, resort should be by public auction or inviting tenders...........
Service -- Stoppage of salary - State sanctioned two vacancies for the posts of assistant teachers but School recruited three teachers - Appellants are bona fide applicants from open market and State has no proof of commission of any malpractice by appellants - Alleged mischief was at the end of school and its Manager - State approved their appointments and approval order..........
