Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 500 gms Smack - Most vital witness who prepared recovery memo not examined by prosecution - No explanation given by prosecution as to why this star witness has not been examined - Recovery of contraband from possession of accused is thus, doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5.2 grms smack - Reduction of sentence - Accused is first time offender - Recovery effected from him was non-commercial quantity of contraband weighting 5.2 gms of smack - Accused has undergone sentence of 4 months and 21 days out of 6 months and he is sole breadwinner of his family consisting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 9.90 grms heroin - Testimony of material witnesses is consistent - All of them fully withstood the test of cross-examination and nothing favourable could be extracted from their cross-examination - Statements of material witnesses are quite natural, consistent and reliable on the point of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 9.90 grms heroin - Reduction of sentence - Accused is behind the bars since 2019 and he has already undergone sentence of about 3 years and eleven months - Taking into consideration the quantity of heroine recovered from possession of accused, sentence of five years imposed on accused is..........
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..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Execution proceedings are being subsisting for over 18 years - DH is not being able to enjoy the fruits of litigation on account of inordinate delay caused during process of execution of decree - Application for stay of execution rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 58A, Civil Procedure Code, 1908, Order 38, Rule 11B -- As amended in State of Madras - Execution - Attachment of property - Order of attachment passed by Competent Civil Court must be communicated to jurisdictional Registrar and to be entered in encumbrance certificate - In the absence of same, order is not enforceable and is void..........
Civil Procedure Code, 1908, Order 21, Rule 54(2) -- Execution - Attachment of property - Order of attachment shall be deemed to take effect as against the transferees without consideration from the date of order of attachment - However, as against all other persons, from the date on which they get knowledge about the order of attachment or the date on which the order was..........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Execution - Attachment of property - Bona fide purchasers - Order of attachment has been entered in encumbrance certificate 6 months after execution of sale deed in favour of claim petitioners - Claim petitioners thus, had no knowledge of order of attachment on the date of sale deed - They held to be bona fide purchasers..........
Legal Services Authorities Act, 1987, Section 21, Civil Procedure Code, 1908, Order 20, Rule 6(1), (9) -- Award of Lok Adalat - Execution - An award to be executable must have all the characters of a decree - While passing the award Lok Adalat must refer to O.20.Rr.6(1) & (9) CPC which refers to the contents of decree - When no details are reflected in the award then same..........
