Arbitration and Conciliation Act, 1996, Section 9 -- Petition u/s 9 of Act - Leave to file - Jurisdiction of Court - Dispute as to possession of land - It would conceptually fall within the category of `suit for land' as engrafted u/clause 12 of Letters Patent (as applicable to Bombay High Court) - It is difficult to accept that it is money claim and therefore Bombay High..........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Acquisition of land - Possession taken and compensation paid to respondents - Suit dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(11), 8, 21 -- Manufactured drug - Recovery of 480 bottles of Rexcof cough syrup and each bottle contains 100 ml syrup - Possession of syrup beyond certain quantity is an offence - Instantly, each 5 ml. syrup contains 9.825 mg. codeine phosphate, which is permissible and have been established in therapeutic..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Accused demanded and accepted Rs.300 from complainant as illegal gratification towards monthly mamools by threatening to seize the stocks and foist a case against him - Complainant and all PWs turned hostile - Prosecution has not examined any other witness present at the time when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 42 -- Recovery of 1.800 kg charas - Recovery effected from conscious and exclusive possession of accused from a bag held by him in his right hand not strapped inextricably with any portion of his body - Compliance of provision of S.50 of the Act is not enjoined to be meted out by I.O - Mandate of S.42 of the..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Attachment of property - Attachment order was stayed by Revisional Court and was kept in abeyance for three years - Petitioners were in possession of disputed property and are reported to be residing therein - No untoward incident involving breach of peace occurred in the intervening period between..........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Liquidated demand has to be concerning an amount which can be made certain by mathematical calculations from factors which are or ought to be in possession or knowledge of party to be charged - It must thus exclude demands which need to be quantified after determining disputed facts...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Held, suit is not maintainable - Even if plaintiff is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership...........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Where plaintiff fails to prove possession in a suit for permanent prohibitory injunction or mandatory injunction, suit is liable to be dismissed...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendants permanently from constructing road over suit land or changing its nature - Plaintiffs have not come to Court with clean hands - It was for plaintiffs to plead that road was constructed in 2000 and plaintiffs were out of possession at the time of filing of suit - Virtually..........
