Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Independent witnesses not supported prosecution case - However, they signed mahazar at the spot of occurrence and excise officers were present there - Hostility of independent witnesses thus, cannot persuade Court to find that prosecution case is false...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Delay in producing material objects before Court - PW1's evidence that he produced the accused and material objects before Court on 19.9.2009 - Evidence of PW1 in this regard remains unchallenged and is corroborated by facts that documents including crime and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Conscious possession - Commercial quantity was recovered from accused - Suitcase which contained ganja was on lap of A-1 - Bag which contained ganja was below the seat of driver/A-2 of autorickshaw - Accused thus, was in conscious possession of contraband - Accused..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Summons issued once but not received back - Summons not sent by registered post despite such a direction - No attempt made to serve summons on defendant and defendant did not avoid service of summons - Defendant not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 42.795 gms charas - Statement of independent witness - Explanation of independent witness/PW2 that police had taken his signatures in police post - Non-examination of other independent witness by mere declaration that he was won over by accused and suspicion of creation of re-seal memo, creates..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 42.795 gms charas - Search and seizure - No evidence to prove that samples represented remaining bulk substance - There is no evidence that police had mixed alleged contraband and then had taken out a sample representing entire stuff - Accused was liable only for 20 grms of sample, which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 60 kg Ganja - Credibility of two official witnesses whom prosecution relies does not inspire confidence - Such doubtful and untrustworthy testimonies cast shadow about presence of two accused at the time of detection particularly when another case was detected after one hour and..........
Arbitration and Conciliation Act, 1996, Section 9, 20(2), 42 -- Arbitration Award - Jurisdiction - Where it is found on facts of particular case that either no "seat" is designated by agreement, or the so called "seat" is only a convenient "venue", then there may be several Courts where a part of cause of action arises that may have jurisdiction - An application u/S.9 of..........
Arbitration and Conciliation Act, 1996, Section 2, 14, 20, 31(4), 42 -- Arbitral proceedings - Juridical Seat - Whenever there is an express designation of "venue" and no designation of any alternative pace as "seat", combined with superannuation body of rules governing arbitration and no other significant contrary indicia, inexorable conclusion is that the stated "venue"..........
Arbitration and Conciliation Act, 1996, Section 2, 14, 20, 31(4), 42 -- Arbitral proceedings - Juridical Seat - Whenever there is designation of a place of arbitration in arbitration clause as being "venue" of arbitration proceedings, expression "arbitration proceedings" would make it clear that "venue" is really "seat" of arbitral proceedings, as expression does not..........
