Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 29, 68A, 68E, 68F, 68G, Criminal Procedure Code, 1973, Section 451, 482 -- Recovery of contraband - Forfeiture of property derived from or used in illicit traffic - Authority passing order under chapter V-A of NDPS Act - Court can refuse to release article in interim custody u/s 451 of Code - Power cannot..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order granting bail - While considering the prayer for quashment of order granting bail, the principles governing consideration of a prayer for cancellation of bail u/s 439(2) Cr.P.C. have to be borne in mind...........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order granting bail - Sought on the ground that accused threatened certain persons with dire consequences and they made complaints to I.O. - No material produced before Court to substantiate this fact - Nothing in report of I.O. that accused will tamper with evidence or would flee from justice or will..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - At this stage, High Court cannot analyse and meticulously consider the evidence and anticipate whetter it will end up in conviction or acquittal - This is not the stage to decide whether there is any truth in the allegations made but to form an opinion whether on the basis of allegations a..........
Civil Procedure Code, 1908, Section 35 -- Costs - Award of costs is in the discretion of Court - An appeal lies for costs only where order as to costs involves a question of principle - If discretion is exercised to decline costs on facts, it cannot be contended that question of principle is involved in the matter - When Court exercises its discretion as to costs on facts,..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Jurisdiction - If Court comes to conclusion that it has no jurisdiction, it is incomprehensible that it discusses the evidence, analyses the same, renders a finding on merits and then returns the plaint - Order returning plaint for want of jurisdiction set aside as except making a bald observation that it..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 499 IPC - Trial Court after considering the allegations made in complaint and statement recorded on oath came to conclusion that prima facie a case is made out for summoning the appellant and case was taken on file - If on consideration of the allegations the complaint is..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227 -- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
