Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Where maximum protection as contemplated u/s 50(1) is already provided to accused by securing presence of Gazetted Officer, fact that accused was not informed of his statutory right has lost its significance - There was thus, compliance of S.50(1) of the Act...........
Rent and eviction -- Lease - Statutory Corporation continuing with the occupation of premises without paying rent from 31.12.2009 - It is unbecoming of a statutory corporation, which is a State within the meaning of Article 12 of the Constitution of India - Respondent directed to vacate the premises and handover peaceful and vacant possession to the appellant - Respondent..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Provision of O.8.R.1 CPC ordinarily ought to be adhered to - Court should not be too harsh to strike of the defence of defendant at very early stage - It is thus, deemed appropriate to grant one more opportunity to defendant for filing written..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant is holder of cheque in due course - Cheque belongs to accused is undisputed - Further signature on cheque is also not under dispute - Hence, initial presumption u/s 139 of the Act is in favour of complainant and it is a rebuttal presumption - Burden is on accused to rebut..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Plea of accused is that he had issued dishonored negotiable instrument to complainant only as a security for liquidating - Complainant for rebutting presumption had made dependence on statement of account and appertaining to opposite borrowings and therein a nil balance is shown -..........
Statutory provisions -- Ignorance of law not an excuse to get out of applicability of statutory provisions...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet filed after expiry of extension of time granted by Court - Accused availed his right to be released on bail - Accused is entitled to statutory bail...........
Insolvency and Bankruptcy Code, 2016, Section 31(1) -- Resolution Plan - Resolution Plan cannot be classified even as a `statutory contract' as there is no provision under IBC referring to a Resolution Plan as a contract - Legal force of a Resolution Plan arises due to the framework provided under IBC but remedies that are specific to the Contract Act cannot be applied, de..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Land value has been determined by High Court with reference to sales statistics - Compensation of Rs.1 lakh per hectare as awarded by High Court is a fair compensation duly supported by material on record and needs no interference - Appellant thus, entitled for compensation for 2 hectares of..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Conversion of leasehold property into freehold property - Appellant is not providing any services within meaning of S.2(o) of the Act - Expression service includes housing construction and not allotment of a site or a plot - Deficiency in service does not include transfer..........
