Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Applicability - If resort is had to procedure prescribed under S.52(3)(a) Section 55 would be attracted - If arrested person and seized articles are forwarded under S.53(3)(b) to officer empowered under S.53 compliance of section cannot be insisted upon...........
Criminal Procedure Code, 1973, Section 190, 200 -- 'Taking cognizance of an offence' & 'filing of complaint' - Distinction - Taking cognizance means the action taken by the Court for initiating judicial proceedings against the offender in respect of the offence regarding which the complaint is filed - Taking cognizance of an offence can only be said when Magistrate applies..........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement recorded under Section 161 - What amounts to - Substance of interrogation recorded by investigation officer which was not in terms of S.161 - Cannot be regarded as statement under Section 161 - Same cannot be used for contradiction under Section 162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 306, 307 -- Pardon to accomplice - By trial Court - Distinction between Ss.306 and 307 - Plea that statement of accomplice is required to be recorded first in Court of Magistrate and subsequently in trial Court - Not tenable - Section 306 is applicable where order of commitment has not been passed - Section 307 is applicable in cases..........
Representation of the Peoples Act, 1951, Section 19, 27(5) -- A person enrolled in the electoral roll cannot be excluded from exercising his right to cast vote on the ground that he did not satisfy the eligibility requirement as laid down in Section 19 or 27(5) of the Representation of the People Act, 1950...........
Representation of the Peoples Act, 1951, Section 100(1)(d)(iii)(iv) -- Election - Setting aside - Person or persons enrolled in the electoral roll though not entitled to be so enrolled - Not a ground for setting aside election of a returned candidate under sub-clause (iii) or (iv) of clause (d) of sub-section (1) of S.100...........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Property acquired by Hindu Female - One K died leaving Will in 1932 under which his three wives given life interest over his property in lieu of maintenance - Daughter of second wife given right over properties after death of all wives - One of wives died before 1956 and others died after coming into force of Hindu..........
Official Secrets Act, 1923, Section 5, 13(3), Criminal Procedure Code, 1973, Section 470 -- No consent or sanction of the Government or any authority as contemplated by Explanation to sub-section (3) of S.470 Cr.P.C.is required for filing the complaint under the Act - `Consent' or `sanction' envisaged u/s 470 Cr.P.C. cannot be equated with the `order' or `authority' for..........
Consumer Protection Act, 1986, Section 3, Reserve Bank of India Act, 1934, Section 45Q,45QA, Companies Act, 1956, Section 58A(9) -- Jurisdiction - Refund of deposit - Complaint - Maintainability before the Consumer Fora - Whether Sections 45-Q, 45-QA of the RBI Act read with Section 58-A(9) of the Companies Act oust the jurisdiction of District Forum/ State Commission to..........
Registration Act, 1908, Section 17 -- Arbitration award - Immovable property - An award which creates, declares, assigns, limits or extinguishes, whether in present or in future any right title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property, are compulsorily registrable by virtue of clause (b) of..........
