Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand of case - Order of remand cannot be made on ground that judgment did not discuss the evidence with reference to several issues and that it contravened the provision of O.20.R.5 of the Code...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), Criminal Procedure Code, 1973, Section 436(i) -- Bail - Indigent person - Recovery of small quantity of ganja - If person, who is detained, is indigent person, and is unable to furnish security, instead of taking bail from such person, Court shall discharge him on his executing bond without..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), 37 -- Bail - Recovery of small quantity of ganja - S.37 of the Act does not show every offence under Act as no, bailable, it only shows that all offences under Act are cognizable - Therefore, it should go by general law as per Code of Criminal Procedure - Offence u/s 20(b)(ii)(A) of the Act is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2)(a)(i), 439 -- Default bail - Recovery of contraband - In the instant case, challan not presented even after expiry of stipulated period of 180 days - Moreover, two extensions of 40 days and 60 days already granted - Prosecution cannot take benefit of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2)(a)(i), 439 -- Default bail - Recovery of contraband - Huge recovery of contraband is no ground to refuse bail to accused, if accused is in custody and challan has not been part up within prescribed period...........
Civil Procedure Code, 1908, Section 20, 22, 23 -- Territorial jurisdiction - Suit filed in a Court can also be conveniently tried in another Court which also has the territorial jurisdiction - Appropriate High Court can transfer the suit by applying principle of forum convenience...........
Civil Procedure Code, 1908, Section 20(c) -- Jurisdiction - Corporation - When a plaintiff or a defendant is a corporation, carrying on business by such a corporation or a company necessarily has to be taken along with existence of a branch office or a principal office or registered office, with the place where cause of action also is said to have arisen...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 500 gms charas - Appeal against acquittal - Leave to appeal - Grant of - No independent witness examined by prosecution and only official witnesses are examined - No evidence on record that official witnesses had hostile animus against accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 1.150 kg charas - Appeal against acquittal - Leave to appeal - Accused acquitted on the concept of two views theory - When two contradictory views are possible as per testimonies of eye witnesses then view favorable to accused should be adopted by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........
