Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms Smack - Accused was never informed regarding his statutory right to be searched before Magistrate or Gazetted Officer - There is gross violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Conditional liberty in a case of prolonged incarceration, must override the statutory embargo created u/s 37(1)(b)(ii) of the Act - Bail granted...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Statutory period has been prescribed for deposit of full amount of sale money as contemplated U.O.21.R.85 CPC - Discretion exercised by executing Court permitting auction purchaser to deposit amount beyond said period is uncalled for - Impugned order of allowing petitioners to pay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non reply to demand notice - It is not mandatory or compulsory, on the part of accused, to reply statutory notice but its purpose is to advance his defence and make complainant to know about the defence...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Statutory power u/s 391 Cr.P.C can be invoked by Court at any stage if circumstances prove that production of evidence prayed for is necessary for just decision of case and accepting the same would meet the needs of justice...........
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..........
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...........
Criminal Procedure Code, 1973, Section 436A -- Bail to under trials - Statutory right to bail granted to accused in terms of provision contained in S.436-A Cr.P.C, cannot be defeated by stating that despite best efforts, victim could not be traced...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
