Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xxiii), 22(C) -- Cancellation of bail - Recovery of 25 Kg. of `Methamphetamine' - Recovery much beyond limits of commercial quantity - Accused involved in export of contraband - No case of accused that they have any licence, permit or authorization either to..........
Pay re -- fixation - Recovery from pay - There is no allegation of misrepresentation of fraud against the petitioner - As a matter of fact, the benefit was given on the basis of some government instructions - The respondents held not entitled to effect any recovery from the petitioner...........
Indian Penal Code, 1860, Section 395, 412, Arms Act, 1959, Section 25(1AA) -- Dacoity - Accused brandished dagger and chisel and snatched away suit case of complainant containing valuable articles - Complainant suffered incident of snatching and statement found credible - Physical loss caused to complainant due to snatching of articles which were subsequently recovered by..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide - Proof of - Accused alleged to have erected barbed wire fencing around his land and two ladies died due to electrocution - Wire does not withstand 440 Volts of electrical power - It could not be used to connect barbed wire with nearby electric pole, as same would have burnt moment it was connected - It is also not..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 246 -- Petitioner after making encroachment of public land raised construction thereover - Petitioner prayed for direction to Municipal Committee (MC) to sell the land to him on basis of two resolutions passed by MC, one vide which a lease was executed in his favour and second one through..........
Constitution of India, 1950, Article 226, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20 -- Alternate remedy - Writ petition - Maintainability - Held, availing alternative remedy is general Rule, but there are exceptions - In case if order of Tribunal is questioned on ground of want of jurisdiction, provisions of Art. 226 can be invoked and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 50 -- Recovery of 750 grams of opium from the bag carried by accused - Held, S.50 of the Act is not applicable as the recovery was not effected as consequence of the body search of the accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 293 -- Link evidence - Recovery of 750 grams of opium from the accused - Delay of 12 days in sending sample to Chemical Examiner - Delay wholly unintentional - Held, delay is not fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 750 grams of opium from accused - Efforts made to join independent witnesses to witness alleged recovery, but none came forward - Place from where accused arrested was not frequently used by public - Held, non joining of independent witness not fatal to prosecution...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 10 -- Eviction order passed against tenant by Secretary, Rehabilitation Department, through Commissioner under Punjab Public Premises Act - Held, jurisdiction of Civil Court is barred to entertain suit to set aside order passed by Collector or Commissioner under the said act...........
