Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - When Appellate Court remands the matter back to trial Court, limiting the scope of suit, trial Court is bound to follow the directions contained in the order of remand and cannot extend the scope of remand...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 10 -- Cancellation of settlement deed in favour of sons - No provision in settlement deed for basic amenities and basic physical needs to the settlers - Tribunal did not attempt to conciliate dispute as mandated u/r 10..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Jurisdiction of Revenue Divisional Officer - Father gifted his land to his sons - When sons neglected to maintain their father in old age, he filed application before RDO seeking cancellation of gift deeds - However, during course of proceedings consent award was..........
Land Acquisition Act, 1894, Section 28A, 23 -- Acquisition of land - Land of appellant, his father and brother acquired by same notification - Land owned by all three parties is comprised in same survey no. - There is no reason as to why compensation awarded to father and brother of appellant under same notification not awarded to appellant - It is thus, appropriate to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simple withdrawal of suit alongwith a prayer to return documents submitted before Court - Rightly allowed by Court below, as there is no embargo to allow such prayer...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Scope - Petition u/s 23 of the Act is maintainable even when there is no stipulation in writing that transfer was subject to condition of maintenance...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Challenge as to - Consent decree would not serve as an estoppel, where compromise was vitiated by fraud, misrepresentation or mistake...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Clerical or arithmetical errors - Supreme Court in exercise of its inherent powers may unilaterally rectify a consent decree suffering from clerical or arithmetical errors, so as to make it conform with terms of compromise...........
