Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Conscious possession - Recovery of two bags of poppy husk from two accused persons - One of the accused was allegedly sewing the bags and co-accused was merely present there - Co-accused acquitted - Held, mere presence in the place of the recovery is not sufficient to attribute conscious possession...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315 -- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Challenge as to - Lack of consideration - Held, in case of lack of consideration, a stranger to the sale deed cannot challenge the sale on the ground that it is without consideration or a paper transaction...........
Transfer of Property Act, 1882, Section 54, 55 -- Restraint clause in sale deed - Void - Purchaser can ignore such clauses and enjoy the property...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Conscious possession - Presumption - Accused told that from the vehicle he was traveling contraband was recovered - Presumption shifts on accused to rebut conscious possession...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Recovery of poppy husk - Conscious possession - Charge and statement u/s 313 Cr.P.C state that accused found in possession of contraband, recovery was effected and sample drawn - Requirement of law fulfilled - Immaterial if word `conscious possession' missing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15 -- Recovery of poppy husk - Conscious possession - 8 bags of poppy husk recovered from the canter driven by accused - In his statement under section 313 Cr.P.C., no question was specially put to the accused that he was in conscious possession of contraband - Independent witnesses not joined despite..........
Land Acquisition Act, 1894, Section 4, 6, 23, 54 -- Land acquisition - Compensation - Lands identically circumstanced - Compensation allowed at the rate of Rs.39, 300/- per bigha whereas compensation to identically circumstanced lands compensation awarded at Rs.76, 550/- per bigha - However, there is difference of two years in land acquisition notification in both the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 34, 54, Criminal Procedure Code, 1973, Section 313 -..........
Land Acquisition Act, 1894, Section 18, 54 -- Order of Collection refusing to refer a claim for increase in compensation to the civil court u/s 18(1) of the Act is not an award of the Court, hence, not appealable u/s 54 of the Act...........
