Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Non release of electric connection - Approach to Lok Adalat after a period of more than 18 years - Non release of electricity connection is a recurring cause of action as tubewell would not run without electric connection - Delay not a ground for rejecting the application u/s 22-C of the Act...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Applicant is the registered owner of vehicle - He is not the accused - No useful purpose would be served by keeping the vehicle in police station as there is likelihood of condition of said vehicle being deteriorated and ultimately vehicle may become junk - Application allowed with conditions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457 -- Vehicle seized in an offence u/s 21(c) NDPS Act - Release of - In the absence of any specific bar under NDPS Act, interim custody of seized vehicle can be given to registered owner of vehicle by invoking the general provisions of Ss.451, 457..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457 -- Vehicle seized in offence under NDPS Act - Release of - Seized vehicle can be returned to registered owner on furnishing bank guarantee and on conditions that registered owner would produce the said vehicle before trial Court as and when called..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non refund of security deposit - Refundable security deposit should be deposited with a Bank/Financial institution under an Escrow agreement between the landlord, tenant and the Bank/Financial institution - Upon refusal of landlord to take possession offered by tenant, the tenant can deposit the keys..........
Service -- Master servant relationship - Respondent-firm contended that appellant-workman is not the employee of respondent-firm and there is no master servant relationship between them - Evidence on record shows that appellant worked in the capacity of Munim/Clerk/Manager in the establishment of respondent-firm - Even power of Attorney executed by respondent-firm in..........
Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Appeal against conviction - Accused facing trial from the last 26 years - They are first offenders and now are old aged persons - However, looking into the fact that injured lost her vision, it is not proper to acquit or release accused on probation - However, ends of justice would be met if sentence of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 5 kg.150 gms of charas - Recovery effected from taxi driven by accused with a passenger/co-accused - Co-accused found to be gratuitous passenger, unaware of articles recovered, hence acquitted - Defence of accused that taxi was booked and hired by co-accused found to be false as when he moved..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68Z, 68H -- Release of seized property - Order of forfeiting/seized properties cannot be sustained as : (i) detention order passed as a preventive measure against the suspect has lapsed and (ii) in the case registered under NDPS Act, suspect has earned acquittal...........
Criminal Procedure Code, 1973, Section 452 -- Release of gun and belt of cartridges - Since these two articles had been used in commission of heinous offence of murder, their return to heirs of murderer pinches the judicial conscience - More so, owner of said articles had neither charged nor convicted for any offence under Arms Act, therefore articles in question cannot be..........
