Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18, Criminal Procedure Code, 1973, Section 427, 31 -- Contraband - Concurrent running of sentences - Two sentences passed against accused arising out of single transaction - Where an accused is convicted and sentenced for several offences at one trial, Court may direct that sentences shall run..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Direction issued to I.O to further investigate the matter in a particular way is not permissible u/s 173(8) Cr.P.C and is thus unsustainable...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Provision of O.8.R.1 CPC in non commercial suits is discretionary and not mandatory - Defendant permitted to file written statement within one week from date of order subject to payment of Rs.40,000/- as costs...........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), Civil Procedure Code, 1908, Order 1, Rule 8 -- Joint complaint - When similarly placed complainants jointly make complaint seeking very same relief, there is no question of O.1.R.8 CPC being complied with as they do not represent others, particularly when there is no larger public interest involved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused has remained in custody for a period of four years and three months - Only 5 out of 15 PWs have been examined - Conclusion of trial is to take time - Second bail application allowed...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction petition - Documents sought to be produced on behalf of tenant were not completely alien to controversy - Tenant is yet to begin his evidence - No substantial prejudice shall be caused to other side in case the documents sought to be produced by tenant are allowed to be placed on record..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - District Police Chief cannot order further investigation, as said power rests either with concerned Magistrate or with a higher Court and not with an investigating agency...........
