Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15 -- Criminal Procedure Code, 1973, Section 313 - Search and seizure -Conscious possession - Presumption - Recovery of 23 bags of poppy husk from a truck and the appellant was on the steering of the truck - Two persons were allegedly sitting on the bags, one ran away from the spot after seeing the..........
Prevention of Corruption Act, 1988, Section 17, Criminal Procedure Code, 1973, Section 43 -- S.17 of Prevention of Corruption Act does not debar a private person from exercising the powers conferred on him under Section 43 of the Cr.P.C...........
Civil Procedure Code, 1908, Section 13 -- Exception (d) and (e) - Constitution of India. Article 226 - Habeas corpus - Custody of children - Foreign judgment - Fraud - Principles of natural justice - Respondent wife came to India with her two children from Malaysia - Judgment for custody of his children from Malaysian Court obtained by petitioner by not disclosing the true..........
Criminal Procedure Code, 1973, Section 133, 397(3), 482 -- Second revision - Power under Section 482 Cr.P.C. has to be exercised sparingly and such power not to be utilized as a substitute for second revision - Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before..........
Criminal Procedure Code, 1973, Section 239, 240, 397 -- Framing of charge - Challenge as to - By filing revision - Examination of record by revisional Court as if it would determine the issue after leading evidence and in a trial - He has also weighed the correctness of the allegations made in the FIR and the statements under Section 161 Cr.P.C. to arrive at a conclusion..........
Punjab Municipal Act, 1911, Section 195A(2), 189(1)&(2), 234, Criminal Procedure Code, 1973, Section 468 -- Continuing offence - Notices issued by Nagar Council stating therein that the respondents had started construction without obtaining requisite sanction from the Nagar Council - They were asked to stop the construction and demolish the construction which they have so..........
Indian Penal Code, 1860, Section 84, 436 -- Criminal Procedure Code, 1973, Section 357 - Appellant-accused convicted under Section 436 IPC for setting restaurant of complainant on fire - Plea of unsoundness of mind for falling his case u/S.84 IPC and extending benefit of general exception not made out - Discrepancies and contradictions pointed out minor in nature not going..........
Criminal Procedure Code, 1973, Section 155(2) -- Investigation - Non-cognizable case - Application for investigation can be moved by first informant - Order under Section 155(2) Cr.P.C. can be passed by the concerned Magistrate on the application of Police Officer or first informant...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - An inference of fact from a document is a question of fact - The legal effect of the terms or a term of a document is a question of law - Construction of a document involving the application of a principle of law, is a question of law - When there is a misconstruction of a document or wrong application of a..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - The doctrine of res judicata is not merely a matter of procedure but a doctrine evolved by the courts in larger public interest - What is enacted in Section 11 of CPC is not the fountai, head of the doctrine, but merely the statutory recognition of the doctrine, which rests on public Policy...........
