Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Poppy husk - Recovery of five bags of 40 kgs. each - Composite notice u/s 50 of the Act issued to four accused - Joint statement not permissible - Mandatory provision of S.50 of the Act thus not complied with...........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Suit against L.R's of borrower - Plea of fraud and forgery - No cogent evidence produced to prove the same - No dispute about the relationship of deceased with the L.R's - L.R's are liable to discharge the liability which the deceased had suffered - Question as to whether recovery can be effected by creating a charge..........
Punjab Excise Act, 1914, Section 61(1), Probation of Offenders Act, 1958, Section 4 -- Recovery of Lahan and Working Still - Accused convicted and sentenced by trial court - Incident 14 years old - Accused aged 22-23 years - Accused committed no offence after the incident - Held, accused is entitled to concession of probation...........
Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
Limitation Act, 1963, Section 18 -- Acknowledgement - Repayment of loan - Suit for - Limitation - Plaintiff gave loan to defendant on two occasions on 30.05.1998 and 30.11.1998 - Defendant admitted himself a sum of Rs.18,761/- was received by plaintiff on 30.11.2000 which shows acknowledgment of defendant regarding amount due towards him - Held, from this date i.e...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of five bags - Accused found sitting on bags - Recovery made from a open place accessible to all - Efforts not made to ascertain the ownership of the place of recovery - Merely because the accused was sitting on the bags is not enough to hold his conscious possession over the bags...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of five bags - Affidavit of constable who carried the sample to chemical examiner and affidavit of constable with whom case property was deposited not put to accused in his statement u/s 313 Cr.P.C. - Link evidence missing - Incident eight years old - Not in the interest of justice to..........
Punjab Co-operative Societies Act, 1961, Section 69 -- Revision - Maintainability - Cooperative Society initiated arbitration proceedings for recovery of damages along with interest on account of shortage of stocks - Arbitrators gave an award in favor of society - Appeal against award dismissed - Revision petition filed u/s 69 of the Act before Joint Registrar Cooperative..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 6 Kgs. - Non joining of independent witnesses - Recovery at bus stand - Efforts not made to join independent witnesses - Casts doubt on veracity of prosecution case - Accused entitled to benefit of doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 6 Kgs. - Non joining of independent witnesses - Evidence of official witnesses cannot be disbelieved or ignored only on the ground of their official status - However, evidence of official witnesses when not found cogent, convincing, reliable and trust worthy then on account of non..........
