Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Reduction of sentence - Accused belongs to poor strata of society and is the sole breadwinner of his family having aged mother, wife and two growing up children - He has faced the protracted trial for last 9 years neither committed any offence nor misused the concession of bail - Recovery..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effected from conscious possession of accused - Presumption u/s 54 of NDPS Act cannot be drawn - Accused does not have any pending case against him - Trial of case is not likely to be concluded at an early date - Accused..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Concurrent findings of two Courts below dismissing suit of plaintiff were correctly recorded by giving sound and sufficient reasons consistent with record and applicable law - No new arguments have been raised other than reiteration of stand taken before and duly considered and rejected by Courts..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Samples were drawn in malkhana after a month of seizure and were sent to FSL after 18 days - No explanation given for such delayed sampling or dispatch of samples to laboratory for confirmation whether seized articles were narcotics or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Recovery not found to be admissible - Case against accused collapses - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg 600 gms opium along with 1 Kg Poppy husk - Recovered quantity of opium is only marginally higher than non-commercial quantity - Investigation of case already stands concluded with filing of challan - Accused is behind the bars for..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants admitted the execution of works by plaintiff as also bill amount payable to them being deposited in Treasury, in objections to motion laid by plaintiffs seeking initiation of mediation process - However, defendants withheld this fact from Court - Trial Court rightly..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
