Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of drugs - Non-compliance of S.50 of the Act - I.O suspected some contraband in personal possession of accused before search - However, accused was not properly apprised of his right to get search of his person - There is thus, complete violation of mandatory provision of S.50 of the Act -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased was 25 years of age at the time of accident and was earning around Rs.10,000 p.m - Keeping in view the age, deduction of 1/3rd towards personal expenses, loss of future prospect @ 40%, applying multiplier of 18 and by adding various heads under which claimants entitled to compensation, total..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Personal seal was not produced in Court - Evidence of PW13 is completely silent as to whom his personal seal was handed over - Zimanama of personal seal not proved during trial - Even personal seal was not produced in Court - Handing over brass seal to..........
Criminal Procedure Code, 1973, Section 436 -- Bail - Bailable offence - Even in a bailable offence, on being summoned, accused must immediately put in appearance and seek bail - Only thereafter accused may seek exemption from personal appearance in case circumstances so warrant...........
Accident -- Insurance - Personal Accident Cover (PAC) - Entitlement - Note in GR-36 states that only registered owner in person is entitled for PAC if he holds effective driving license - Said Cover is not to be granted where vehicle is owned by a company, a partnership firm or a similar body corporate - Moreover, representative of owner will not fall within the ambit of..........
Accident -- Insurance - Personal Accident Cover (PAC) - Entitlement - Note in GR-36 states that only registered owner in person is entitled for PAC if he holds effective driving license - Term `owner-driver' has been defined hence no word can be added or deleted from definition to extend the benefit to claimant so that the term `owner-driver' can be stretched to mean..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6(3) -- Maintenance proceedings - Attendance of respondent - Tribunal is conferred with the powers of a Judicial First Class Magistrate under the Code of Criminal Procedure - Tribunal has power to enforce personal attendance of respondent by summons and if necessary through bailable/non bailable..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3A, 5 -- Allotment of flats to in service employees - Merely because respondents deposited some money with Board for allotment of flats in their personal capacity, no right accrued in their favour to remain in occupation of flats, after they ceased to be in employment of University, particularly when..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income - Deductions from gross pay would only be those which are statutorily allowed - Any repayment of personal loans cannot be agitated as legitimate deduction from his net salary...........
Indian Penal Code, 1860, Section 366A, 34 -- Kidnapping - Age of victim - Any minor girl below 18 years of age comes under definition of S.366-A IPC, and Majority Act also provides age of majority 18 years - So far as question of reaching puberty under Muslim personal Law is concerned, that is for the purpose of marriage only - Victim held, minor on the date of occurrence,..........
