Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35,54,8,15 -- Poppy husk - Recovery of 49 bags from truck - Appellant was found sitting in truck as a driver - It was for appellant to prove beyond reasonable doubt that he was not knowing the fact that in truck, apart from bags of turmeric, bags of some contraband in a concealed condition are also loaded...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), 14, 17 -- Proceedings under the Act of 2002 - Writ petition thereagainst - Power of High Court - Held, High Courts should not ordinarily entertain writ petitions challenging proceedings under the Securitization and Reconstruction of Financial Assets and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Heroin - Recovery of 740 gms. - Recovery less than commercial quantity - Accused is liable to be convicted u/s 21(b) and not u/s 21(c) of the Act - Sentence reduced from 12 years to 10 years...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff not in possession is not entitled to the relief without claiming recovery of possession...........
Interest Act, 1978, Section 3 -- Rate of interest - Grant of - Power of court - Recovery of debt or damages - Held, court is empowered to award interest at the rate prevailing in banking transactions - Thus, impliedly court has a power to vary the rate of interest agreed by the parties...........
Civil Procedure Code, 1908, Order 34, Rule 4 -- Recovery of amount - Unsigned statement of account - Appellant rested its claim on unsigned accounts maintained by it in relation to alleged supply of pesticides to 1st respondent-proprietary concern and amount due under it - Held, it is fundamental that as long as accounts are finalized, up to a particular date, signature of..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 7 -- Proceedings u/ss 5 & 7 of the Act initiated by appellant - Respondent claiming to be in possession as an evacuee property - Respondent filed writ petition by contending that proceedings under the Act are without jurisdiction - High Court remanded the matter to Chief Settlement..........
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery memo - Evidentiary value of - Recovery of weapon of offence - No witness to recovery - Recovery memo singed by police officer only - Held, no credence can be attached to such recovery - Other evidence also extremely sketchy - Conviction of accused..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Loan recovery - Availment of loan not denied by the complainant - The default in repayment is also not denied - Neither the legal notice issued on behalf of the Bank nor non - acceptance of the complainant's request to suspend the recovery against the balance of loan amount can be considered a deficiency..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Loan recovery - Availment of loan not denied by the complainant - The default in repayment is also not denied - Neither the legal notice issued on behalf of the Bank nor non-acceptance of the complainant's request to suspend the recovery against the balance of loan amount can be considered a deficiency in..........
