Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of brown sugar - Default bail - Charge sheet filed without Chemical Examination Report - A chargesheet filed within time but without a Chemical Examination Report, does not entitles the accused from getting default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 173 -- Recovery of brown sugar - Charge sheet filed without Chemical Examination Report - Charge sheet without the chemical examination report does not make the investigation incomplete...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Maintainability - Husband has not filed application U.O.9.R.13 CPC on the ground of non-service of summons on him - Therefore, O.9.R.13 Second Proviso CPC is not attracted - Reliance on second proviso by wife is thus found to be misconceived -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 28 -- Ex parte divorce decree - Setting aside - In view of S.21 of Hindu Marriage Act, applicability of provisions of O.9.R.13 CPC cannot be ousted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Limitation - No period of limitation is prescribed either in CPC or in Limitation Act for making an application for amendment of pleadings - O.6.R.17 CPC permits a party to alter or amend his pleadings at any stage of the proceedings...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely because act of an accused is highly insulting to deceased by using abusive language would not by itself constitute abetment of suicide - There should be evidence suggesting that accused intended by such act to instigate deceased to commit suicide...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - There has been no contact whatsoever either in person or by phone or any other means between deceased or his relatives and his wife or any of other accused which would indicate continuous harassment or torture or any sort of pressure at the hands of..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand and acceptance - Star witness/complainant stated that accused used to trouble her, humiliate her and not grant her leaves, but she nowhere stated that there was any demand of money as bribe which is the most essential ingredients for conviction for an offence u/ss 7, 13(2) of the Act -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Arbitral award - Objection - Challenging appointment of an arbitrator for first time during execution proceedings is generally not permissible - Arbitration and conciliation Act provides specific timelines and procedures for challenging an arbitrator's appointment - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 340 -- False affidavit - No iota of evidence in reply to application about filing of false affidavit - Filing of wrong affidavit was not intentional - Moreover, there were number of FIRs registered against petitioner for which petitioner was called - Regarding any other act cause of action would not be to file a petition u/s 340..........
