Civil Procedure Code, 1908, Section 107 -- Remand - Exercise of power - Only where a fresh issue is required to be framed and a finding on it is necessary which cannot be recorded by the appellate Court for want of sufficient evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of morphine - Search and seizure - Confessional statement suffered by accused - Admissibility - Accused failed to inform magistrate on dates of remand extension that he was harassed and forced to give confessional statements - Held, in absence of complaint, it cannot be contended that confessional..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when reckoned from the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), 7A, 20, 49, Indian Penal Code, 1860, Section 307 -- Accused convicted and sentenced u/s 307 of Indian Penal Code - Conviction and sentence upheld by High Court - Supreme Court directed State to make enquiry so as to determine age of accused - Accused found to be 15 years, 2 months and 2 days when..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal from order - Grounds for hearing of - Held, appeal from order is required to be heard on the only grounds enumerated in S.100 of CPC - In short, unless there is substantial questions of law falls for consideration of this court, this court is not supposed to entertain this appeal from order - This Court has to..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Order of remand - Appeal against - Lower appellate Court has not formulated any points for its consideration nor it has taken into consideration the legal aspects involved in the matter - Lower appellate Court without any basis has reached to erroneous conclusion to set aside well reasoned judgment and remanded back..........
Criminal Procedure Code, 1973, Section 167, Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b), National Investigation Agency Act, 2008, Section 22 -- Extension of detention period of accused - Accused charged for various offences including offences punishable under Unlawful Activities Prevention Act - Only Sessions Court competent to try said offences after..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23 -- Remand of suit - Legality - Appellate Court has not considered the law of limitation for filing suit or any other point which are considered by trial Court extensively - Appellate Court without going into the merits and demerits of the matter remanded suit for trial Court for retrial - Held, such order passed by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Default bail - Recovery of 165 kg. of Ganja - Charge sheet not filed within a period of 180 days - Bail denied on ground that delay well explained due to non receipt of report from FSL and owner of vehicle not traceable - Period of detention can be extended..........
