Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 310 grams - Case property not marked in Court - No explanation as to the fate of case property - Prosecution case falls flat...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Opium - Recovery of 310 grams - Accused arrested on suspicion - Investigating Officer searched accused and recovery of contraband made - Gazetted Officer or Magistrate not joined as accused reposed faith in him - Recovery, held, highly doubtful, especially in the absence of any independent witness thereto...........
Punjab Excise Act, 1913, Section 61(1)(a) - - Illicit liquor - Conscious possession - Proof - Recovery of illicit liquor below cotton sticks loaded in trolley - Petitioners were neither owner nor driver of tractor - No independent witness examined - No effort made to find out as to who had distilled illicit liquor and from where it was brought and to where it was being..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Declaration and possession - Boundaries given in sale deed not correct - It is not permissible to lay a claim seeking relief of title and recovery of possession on the basis of such sale deed without seeking relief of rectification of boundaries...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner found in possession of some tablets, capsules and other medicines - Petitioner holding a valid wholesale drugs and sale licence - But sale license not shown at the time of recovery by the Police - Complaint can be initiated by..........
Punjab Municipal Corporation Act, 1976, Section 97 -- Imposition of tax - Resistance of a person who is in possession of the property under an agreement of sale from the municipality - There is a provision for recovery against an occupier in a case where the recovery is not possible u/s 97 and allowing an occupier to an indemnity from the person who is liable u/s 97 -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Incorporation of counter-claim - permissibility of - Suit between parties was decreed on compromise - Compromise decree was set aside in appeal at instance of defendant-opposite party - Matter was remanded to trial Court for hearing and disposal -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 407, Negotiable Instruments Act, 1881, Section 138 -- Bail - Dishonour of cheque - Cheating - Grant of anticipatory bail - Dispute between two business groups - Petitioners have not denied amount which is to be recovered by complainant but their stand is that they are also entitled to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 kgs of Poppy husk - Independent witnesses - Not examined being won over - Not fatal to prosecution case - Fate of case cannot be left to the whims and fancies of the independent witness associated with the case - Court has to examine the evidence on record to decide the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 kgs of Poppy husk - Delay of 8 days in sending sample to Chemical Examiner - Not fatal to prosecution case when there is evidence that there was no tampering with the sample parcel and report of chemical examiner also affirmed that seal impressions on the sample parcel were intact and..........
