Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 kgs of Poppy husk - Quantum of sentence - Accused convicted for one year R.I. - Recovery took place more than 11 years ago - Appellant is at present 66 years old - Appellant has already remained in custody for 5 months 16 days - Sentence reduced to period already undergone - Amount of fine..........
Arms Act, 1959, Section 25 -- Pistol - Recovery of - Proof - Contention of petitioner that case property produced in unsealed condition in a polythene bag - Ballistic expert deposed that one sealed parcel was received in laboratory which contained one country made pistol & two cartridges - Case property was sealed with seal of FSL when first brought to Court - All three..........
Civil Procedure Code, 1908, Order 34, Rule 11 -- Mortgage - Non-payment of loan amount - Recovery suit for realization of principal amount along with interest - Preliminary decree was passed together with interest at rate of 12% per annum from date of preliminary decree till date of realization of decree amount - Executing Court held that revision petitioner claimed lesser..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 21,25,29,61,85, Explosive Substances Act, 1908, Section 3,4,5, Unlawful Activities (Prevention) Act, 1967, Section 17,18,19,20, Indian Penal Code, 1860, Section 120B -- Huge recovery of RDX, Heroine, Fuse Wire, Live detonators and fire/timer devices - Bail - Refused -..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 100 -- Smack - Recovery of 1 Kg. - Recovery made under supervision of SHO but search was made by a Constable - Held, on a conjoint reading of S.50 of NDPS Act and S.100 Cr.P.C. there is no requirement that the authorized person has to personally search the offender...........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 8,21 -- Recovery of smack - FSL report absolutely silent as to the percentage of the Diacetyl morphine - Thus Court does not know whether a small quantity, or less than commercial quantity but greater than small quantity, or commercial quantity was recovered - Benefit of doubt goes to accused...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 22, 23 -- Recovery of marriage expenses - Claim for various expenses incurred for purchase of clothes, making cash presentations, purchase of utensils and sarees, etc. - Also claim made towards actual marriage expenses include expenditure incurred right from getting the wedding cards printed till the..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Show cause notice - Explanation furnished by appellant - Court has to give due consideration to such explanation and pass appropriate order in accordance with law - It is not open to Court to proceed to make recovery straightway immediately after passing of order for forfeiture of bond...........
Hindu Law, Hindu Law -- Ancestral property - Sale - Right of purchaser - Plaintiffs had merely brought a suit for declaration that particular sale was not valid and they were trying to secure recovery of whole of property alienated by karta - Held, sale cannot become void so as to defeat purchaser's right to vendor's share in property - Law permits an exercise by a member..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 4, 5, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Jumla Mustarka Malkan - Management and control vesting in Gram Panchayat - Eviction of unauthorized occupant - Applicability of "Common Lands Act" - Held, "Eviction Act" has been enacted after the "Common Lands Act" - It..........
