Punjab Village Common Lands (Regulation) Act, Section 13 -- Restraining Gram Panchayat - defendant from interfering with possession of plaintiff over suit land - Stand of defendant - Panchayat that land in dispute belongs to Panchayat - Jurisdiction of Civil Court barred - Mahinder Singh's case 1997 (2) LJR 110 Not Applicable as Section 13 not brought on statute book when..........
Civil Procedure Code, 1908, Order 14, Rule 2(2), Civil Procedure Code, 1908, Order 43, Rule 1 - - Preliminary issue, appeal against - Order of Court deciding preliminary issue - Appeal not maintainable under Section 96 - No appeal prescribed under Order 43 Rule 1 against order deciding preliminary issue - Where Court decides a preliminary issue regarding jurisdiction to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B(1), Criminal Procedure Code, 1973, Section 162 -- Appeal against acquittal - Notice Ex.PD and PD/1 under Section 50 to the accused held by the trial court tantamount to the statement before the police and is hit by Section 162 Cr.P.C. and as such inadmissible in evidence - Held that Ex.PD and Ex.PD/1 were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- When an authorized officer suspects a person to be in possession of some narcotic drug or psychotropic substance in contravention of any provision of the Act, he shall inform the person to be searched about his right contained in Section 50 of the Act - And prepare the contemporaneous record regarding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- The provision of Section 52 are directory in nature and no, compliance thereof is not fatal to the prosecution case unless some prejudice is shown to have been caused to an accused - There is nothing in this provision making it obligatory upon an officer arresting a person to communicate the grounds of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Appeal against acquittal - No cogent and credible evidence to prove that the provisions of Section 50 of the Act had been complied with, and the alleged opium was recovered from the respondent - The prosecution failed to rule out the possibility of the sealed sample parcel not having been tampered with by..........
Indian Penal Code, 1860, Section 302 -- Accused inflicted blows with a Phali (spade like) on head of his wife who died on spot - PW2 hearing loud cry peeped through window and witnessed accused thrashing his wife with Phali - In examination u/s 313 Cr.P.C. accused admitted that he murdered his wife - This answer has to be taken into consideration in determining as to who..........
Land Acquisition Act, 1894, Section 6 -- Explanation I - Quashing of notification u/s 6 of the Act on ground that it was issued beyond one year from the date of publication of Section 4 notification - Appeal - Section 4 notification was 27th May, 1993 and Section 6 notification was 8th June, 1994 - Respondents had challenged Section 4 notification before High Court -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Object of Section 50 - To apprise the person to be searched that he had two legitimate options - (i) to be searched in the presence of a Magistrate, or - (ii) to be searched in the presence of a gazetted officer mentioned in Section 42 of the Act - In the present case option given only to be searched in..........
Civil Procedure Code, 1908, Section 10 -- Stay of earlier suit - Not permissible - For stay of suit - Only provision is Section 10 - Two conditions under Section 10 are : (i) parties to two suits are the same, and (ii) prayer is for stay of later suit - Plea that since case relates to partition of immovable property and partition of house cannot be conveniently made..........
