Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 61, 62, 63 -- Confiscation - Recovery of 4 kg 200 gm poppy husk along with amount of Rs.4,91,100 - Death of accused during pendency of trial - Trial of case abated and accused was survived by wife and two small children - Condition of abatement does not squarely fall in any of provisions u/ss 60, 61, 62, 63..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Call detail record and tower location record - Furnishing of details at the stage of framing of charges - Question as regards framing of charges has to be considered mainly on the basis of documents collected by police during course of investigation - However, accused has to build up his defence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C), 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1500 tablets of Tramadol Hydrochloride - Bail - Story put forth by prosecution seems doubtful that accused carrying contraband in transparent polythene bag which would easily expose person carrying such contraband - Accused is in..........
Evidence Act, 1872, Section 61 -- Contents of a document - Merely self serving statement cannot prove contents of a document...........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Appeal against order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by NCLT - However, Appellate Tribunal has the power to extend period of limitation by another 15 days - Appellate Tribunal thus, committed an error in issuing notice in an appeal with delay of..........
Limitation Act, 1963, Article 61(a) -- Limitation - Redemption of mortgage - Mortgagor has right of redemption for a period of thirty years - Restricting period of limitation for redemption amounts to clog on the equity of redemption...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 300 gms heroin - Bail - Petitioner is in custody since 23.10.2020 - Challan has been filed and out of 20 PWs none has been examined till date - Co-accused against whom identical allegations are there, has already been granted bail -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioners are implicated solely on the basis of disclosure statement made by co-accused - No recovery is effected from petitioners - Petitioners have been in custody since 06.11.2020 and 23.04.2021 - Challan has already been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
