Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Accused detained on basis of 3 past NDPS cases against him - However, as per evidence on record, including the detention order and counter affidavits filed by zonal director of Narcotic Control Bureau, the Sponsoring authority considered 5 other cases apart..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Liability of sons - Nothing on record to show that father is having any business along with his brother abroad and he is getting income from said business, apart from mere allegations in the counter statement filed by respondents/sons - Respondents on the other hand are well employed at Gulf and earning..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of counter claim - Jurisdiction of civil Court - Relief for possession qua agricultural land would lie before Revenue Court and Civil Court has no jurisdiction qua such relief sought by way of counter claim - Counter claim rejected...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Indian Penal Code, 1860, Section 498A, 323, 294, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegations against applicants are specific and clear - Real daughter-in-law of applicant No.5 who is sister of applicant No.3/mother-in-law also filed FIR against her - Applicants Nos.3 and 5 who are real sisters are..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation and divorce - Difference - (i) Concept of Judicial Separation rests upon the consent and circumstances of couple and hope of survival of their relation while the divorce is the decree which is based upon the allegations and counter allegations of parties in lis; (ii) Judicial separation is a mechanism whereby..........
Indian Penal Code, 1860, Section 420, 468, 471, 504, 506, 120B -- Cheating - Quashing of FIR - FIR in question is a counter blast to complaint of petitioner lodged with malafide intention to harass petitioner - Allegations levelled in the FIR are not supported by any linked evidence - Only allegation made against petitioner in FIR is the date of birth was wrongly mentioned..........
Practice and Procedure -- Order - Validity of an order can only be adjudged on the basis of reasoning contained in the order and the said reasoning cannot be supplemented in any manner much less by means of a counter affidavit or a supplementary affidavit when parties have entered into a litigation...........
