National Highways Act, 1956, Section 7, 9, National Highways Fee (Determination of Rates and Collection) Rules, 2008, Rule 8(1) -- Location of toll plaza - Construction of toll plaza at 194 km - Challenge as to - Toll plaza have been located at a point where there was sufficient space and would prevent leakage of traffic - Said construction at 194 km is not arbitrary or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - Absence of recovery of contraband from the person of accused, does not absolve it of level of scrutiny required u/s 37(1)(b)(ii) of NDPS Act and by itself not a ground to grant bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Plaintiff claims that he being adopted son of deceased is entitled to half share of suit property - Son and widow are class-I heirs of Hindu male dying intestate - Since there has been a valid adoption, mere fact that after death of deceased, plaintiff started residing with his natural..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(8) -- Eviction petition - Determination of rent - Plea of discrimination - Court finds case of petitioner and `M' stands on different footing, when rate of rent of `M' was determined in year 2010, government order dated 25.11.2011 was not enforced - Rate of rent of premises of..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Testimony of victim - Victim admitted in her cross-examination that her parents were present at the time of recording her statement u/s 164 Cr.P.C - She stated that her parents had told her how to give statement - Victim..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Plea of false implication - Accused and his family living in a room above the room of informant - Informant admitted that there was a quarrel between her and accused over leakage of water from toilet - Possibility of false..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Delay in lodging FIR is not of significance - However, conduct of mother of victim is not taking victim to doctor, despite noticing an injury on her private parts and victim complaining of passing reddish color urine, is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
