Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Extension of time - Executing Court has no authority or jurisdiction to extend period to deposit balance amount of purchase money, as provision of O.21.R.85 CPC is mandatory in nature and balance amount ought to have been deposited within 15 days...........
Service -- Air force - Theft and misappropriation of kerosene and diesel - Registration of FIR whether mandatory - Provisions of Cr.P.C is not applicable in respect of matters covered by Air Force Act, as Act is a special law conferring jurisdiction and powers on Court Martial and prescribing procedure for trial of offences - More so, as per Para 804(b) of Regulations..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for prohibitory and mandatory injunction - Restraining defendants from interfering with exclusive usage of street by plaintiff - Street in question earlier formed part of private property of family of plaintiff and defendants - It is not a common property of village - Street in question was meant and was left during..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 25 gms cocaine - Provisions of S.50 of the Act are mandatory and must be strictly complied...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Acquittal in a case u/s 138 Negotiable Instruments Act - Does not attract Ss.499 and/or S.500 IPC - Mens-rea is a mandatory prerequisite for the offence of defamation - Held, in the present case mensrea or criminal intention is lacking on the part of accused, hence, they cannot be held guilty of offence of..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 3, 4, 5, 6, 18, 22, 23, 28, 32(a), Rule 9(1), 9(4), 10(1A), 18 -- Sex determination - Acquittal - Prosecution not prove that respondent alongwith co-accused was conducting any illegal sex determination at unregistered and unauthorized genetic centre in violation of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Suspected contraband was found and seized from pocket of shirt worn by accused - Search was a personal search and thus, Seizure Officer was under an obligation to comply with mandatory requirements of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Personal search of accused - I.O casually conveyed accused that he could be searched before a Gazetted Officer or a Magistrate - No attempt was made to apprise accused of existence of a right to be searched before either of two - Notice given to accused is..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - O.7.R.3 CPC is not mandatory - Defect in description can also be cured in execution proceedings, however for passing of an effective decree, it is necessary that in every suit, where relief of possession is claimed in respect of immovable property, a plaint map should be filed showing location,..........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 323 -- Benefit of probation - Offence u/s 323 IPC - Accused convicted only u/s 323 IPC and acquitted under remaining offence - There is no criminal history alleged against accused - Accused is a farmer and belongs to a very humble and village..........
