Evidence Act, 1872, Section 115 -- Estoppel - Arbitration award - Challenge to - Four suits had the basis of claims of parties on the award - Defendant himself has filed suit for recovery of property which fell to his share on the basis of said award - He cannot approbate and reprobate and blow hot and cold at one and the same time by saying that award cannot be acted upon..........
Agreement to sell -- Recovery of damages - Relief of specific performance not granted to plaintiff as he failed to prove his readiness and willingness to perform his part of contract - As regarding recovery of damages, since plaintiff does not seek any relief of money decree being consideration paid by plaintiff to defendants under agreement to sell and also has led no..........
Agreement to sell -- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court allowing alternative relief of recovery of advance amount,..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22 -- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 8(C) -- Recovery of 5.017 Kg heroin - Testimony of official witnesses was consistent, credible and reliable - Nothing material could be elicited to discredit the testimony of official witnesses despite lengthy cross-examination - Minor discrepancy which does not go to the root of matter, does not cast any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 8(C) -- Recovery of 5.017 Kg heroin - Samples of contraband not tampered as seals were found intact throughout - PWs supported said fact - Defence failed to bring out anything with respect to tampering of samples - Prosecution sufficiently proved its case to establish the guilt of accused - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 5.017 Kg heroin - Confession - Accused admitted various facts which were within his special knowledge and also recovery of contraband articles from their possession - Statement u/s 67 of Act was recorded in the handwriting of accused and also signed by them - Contention of accused that..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand of illegal gratification is sine qua non for constituting offence u/s 7 of the Act - Mere recovery of currency notes cannot constitute offence u/s 7 of the Act unless it is proved beyond all reasonable doubt that accused voluntarily accepted money knowing it to be bribe...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 150 kgs poppy husk - Neither petitioner apprehended on spot nor any recovery effected from him - No specific reason is given by State as to on what basis police official identify present petitioner - Even, said police official is not stated to..........
