Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 9 -- Death of one of plaintiffs - Substitution of LRs - Delay in taking LRs on record is undisputed - However, once the matter was brought to knowledge of petitioner, thereafter Presiding Officer was unavailable on three consecutive dates and on fourth date, application for substitution of LRs was moved - Even..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 22, Rule 5 -- Finding on issues - Suit for permanent injunction - Trial Court while decreeing suit not recorded finding on each issue separately as per O.14.R.2 r/w O.22.R.5 CPC - Further, it is not clear from judgment of trial Court that which issue it has decided - It was incumbent upon trial..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss.22, 29 NDPS Act - Recovery of 260 grams of heroin from dashboard of car - It would certainly be debatable as to whether petitioner can be attributed conscious possession of the contraband - Even, trial has recently commenced and conclusion..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Would be an order of dismissal passed in review application...........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Is maintainable - No appeal would lie from the rejection of..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Maintainability - Mere fact that review application is shown..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - - Offence u/s 22 NDPS Act Recovery of 116.42 gm alprazolam and 223.3 gm tramadol hydrochloride - Recovery of alprazolam is slightly above the commercial quantity while recovery of tramadol hydrochloride is below the commercial quantity - No other case is pending..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 354B, 376D, 506, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Bail - Offence u/ss 323, 354-B, 376-D, 506 IPC and Ss.21, 22, 29 NDPS Act - Allegations contained in FIR neither spell out the name of the petitioner nor any role has been attributed to him in the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 30 vials of onerex containing 100ml each and 30 strips of carisoma - Non-compliance of mandatory provisions of S.50 of the Act - Considering the case set up by prosecution and custodial period suffered by petitioner, further detention of..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Anticipatory bail - Offence u/ss 22, 61, 85 NDPS Act - Petitioner filed application u/s 439 Cr.P.C. for grant of regular bail and concession of interim regular bail was extended on specific ground that FSL report was awaited - Upon filing of FSL report by..........
