Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Allegation of search and seizure of 10 kg. of poppy husk from the accused - Accused acquitted on the following grounds : (a) Recovery was effected from thoroughfare but no body from near vicinity was joined as independent witness; (b) Accused had opted for a search before Magistrate but no such search was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for recovery of damages filed on behalf of partnership firm, alleging that firm stands dissolved - Third party moved application to become party to the suit alleging that firm is still subsisting - Held, if impleadment third party is likely to widen the scope of inquiry, then third party should not..........
Protection of Women from Domestic Violence Act, 2005, Section 12(1), 17, 19(1)(d), 19(1)(f), Hindu Marriage Act, 1955, Section 9, 24 -- Estranged wife living in the house of her husband along with her daughter - House under mortgage with the bank against loan - Petition by wife under Domestic Violence Act and Hindu Marriage Act - Held, (a) Husband to provide the wife..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 10 kg. - Accused convicted and sentenced to undergo 10 months RI - Prosecution had been successful in proving its case - Conviction upheld - Sentence reduced to already undergone which is 1 month 24 days...........
Prevention of Corruption Act, 1947, Section 5(2), Prevention of Corruption Act, 1988, Section 7, 20 -- Recovery of tainted money - No evidence to prove demand and voluntary acceptance - Complainant and shadow witnesses turned hostile - Complainant stated that he placed the currency notes on table of accused and that no demand was made - Shadow witness stated that he was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 35 bags - Conviction by trial Court - Acquittal by High Court - Case property produced in Court and there was no evidence that the same was ever tampered with - Accused found sitting on bags and conscious possession proved - Delay of seven days in sending sample for analysis is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 28 kg. - It is non commercial quantity - Appellant already undergone more than 6 years of actual sentence - Sentence of 10 years RI reduced to already undergone...........
Civil Procedure Code, 1908, Order 7, Rule 8 -- Monetary loss and mental agony - Suit for recovery - No details pleaded in the plaint for computing loss caused due to mental agony - Held, it was necessary to plead and prove the specific facts which result in causing loss - A money decree for loss in business or the loss caused due to mental agony cannot be granted on the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Evidence Act, 1872, Section 25, 26 -- Recovery of contraband substance at the instance of accused from the field of his father in law - Plea that recovery was hit by Ss.25 and 26 of Evidence Act, as confession was made in police custody and also that possession cannot be said to be exclusive possession of..........
Haryana Rural Development Fund Act, 1986 -- Recovery of fee - Demand raised for the first time after a long period which may prejudice the right of the petitioner for passing on the burden to the next purchaser - Held, demand cannot be set aside as plea of limitation raised not tenable - However, direction issued to assessing authority to give hearing to the petitioner and..........
