Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 24 kg. 980 gms underneath the middle seat of the vehicle - Only accused were travelling in the jeep - It is highly arduous to hold that they were unaware or could not spot the bulk opium lying in the jeep - Conscious possession established - Accused were unable to rebut the presumption..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Recovery - One application is sufficient for recovery of entire amount - Person liable to pay not permitted to take technical objections - Payment can be allowed to be made in instalments...........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Setting aside of - No claim regarding supply of rice not conforming to specifications falling within purview of Clause 6(i) of agreement which is excepted from purview of arbitrator - PUNSUP did not claim recovery of one and half times of economic cost of paddy and rather claimed only cost of short quantity of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the documents could only be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Recovery of 1 Kg & 100 gms of charas from possession of accused - Non-compliance of provision of S.52-A - Magistrate has only seen seals but nothing else has been done - Held, Magistrate is not only required to check seals but is also required to ensure that stuff which is produced before him..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 1.100 gms. - None of the prosecution witnesses stated as to who prepared the N.C.B. form and as to how this form was sent to C.F.S.L. - Held, link evidence in this regard is totally missing - No interference in acquittal...........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for mandatory injunction - Suit was not simpliciter suit for mandatory injunction but in fact it was for relief of recovery of possession and declaration - Suit is required to be valued properly at the market value of the property...........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3, Sales of Goods Act, 1930, Section 61 -- Sale of goods - Delayed payment - Suit for recovery of payment along with interest by supplier - It is discretion of Court to award interest...........
Evidence Act, 1872, Section 27 -- Recovery of weapon - Recovery made from house of accused on his disclosure statement - Weapon recovered contains human blood - Serologist report also indicates the same - Participation of accused in crime stands established...........
Criminal Procedure Code, 1973, Section 2(h) -- Investigation - Meaning of - Held, it includes all proceedings taken under the Code for collection of evidence, conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf - Ordinarily, investigation starts with entering of information relating to a cognizable..........
