Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Eviction of petitioner ordered from forest land - Petitioner denied that ownership of land vested in forest department - However, Govt. on the basis of notification dated 29.10.1980, declared the area as forest land, demarcated by boundary pillars whether under tree grown or not, and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Criminal Procedure Code, 1973, Section 313 -- Opium - Recovery of 130 kg. - Statement of accused u/s 313 Cr.P.C. - Questions as to actual contents of Chemical Analyst report, purity of the substance discovered in the sample, weight of samples received by Chemical Analyst not put to accused in his..........
Suit for possession -- Suit for possession and recovery of rent - Premises let out by grandfather of landlord - Landlord bequeathed premises after demise of grandfather - Demised premises/shop situated in area where no Notified Area Committee was in existence - Held, Rent Act not applicable - Concurrent findings of Court below, decreeing suit do not warrant any..........
State Financial Corporation Act, 1951, Section 29 -- Recovery of debt - Auction of property - State Govt. did not formulate Rules or guidelines for sale by property by way of tender or auction - Supreme Court laid down guidelines and State Financial Corporation directed to adhere to these guidelines till formation of Rules or guidelines by State Govt...........
State Financial Corporation Act, 1951, Section 29 -- Recovery of debt - Auction of property - State Govt. did not formulate Rules or guidelines for sale by property by way of tender or auction - Supreme Court laid down guidelines and State Financial Corporation directed to adhere to these guidelines till formation of Rules or guidelines by State Govt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Charas - Recovery of 700 grams from possession of accused - Accused convicted - Conviction challenged on ground of non-compliance of S.50 of the Act - Recovery of contraband made from a bag which was hung on right shoulder of accused - S.50 of the Act only applies to the recovery of contraband from the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii) -- Charas - Recovery of 700 grams from possession of appellant - Trial Court awarded sentence of 4 years imprisonment - Resin content in contraband was reported 34.11% and thereby quantity of contraband came to 239 grams - Sentence reduced to 2-1/2 years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg. opium from pillion rider of motor cycle - Attempt made to flee away on seeing police party - Shows that driver was aware what was being carried by his pillion rider - Not a case that both of them were strangers - Both the accused, held to be in conscious possession of contraband - Order..........
Indian Penal Code, 1860, Section 302 -- Murder - Case resting on circumstantial evidence - Accused allegedly committed murder of deceased and threw dead body in well - Motive which actuated accused to commit murder, alleged was that there was illicit relation between sister in law and deceased - However, not a bit of evidence to explain motive - Torn shirt pocket found..........
Civil Procedure Code, 1908, Section 34 -- Interest - Grant of - Suit for recovery of money of Rs.30,000/- - First appellate Court awarded 9% interest per annum from the date of plaint till the date of decree - Held, it is on the higher side - It could be at the rate of 6% per annum on par with the post decretal interest awarded by first appellate Court...........
