Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 58.5 kgs Doda post - Recovery effected from car of accused - However, accused was also searched along with car - Since while searching person of accused, ACP was present, provision of S.50 of NDPS Act stand complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 58.5 kgs Doda post - Quantity recovered from accused was of commercial quantity - Even though there is non-compliance of S.41 of NDPS Act, rigors of S.37 of NDPS Act have to be still met - Since there are no reasonable..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Termination of licence - Suit for mandatory injunction lies with the only rider that suit is filed without any delay - If after termination of licence suit is not filed within three years then plaintiff has to file suit for recovery of possession...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence put up by defendants in the application for leave to defend boarders on peripheral issues and not on main issue relating to question as to whether they owe money to the plaintiff - Defence put by defendants in their application for leave to defend appears to be illusory..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 151.45 kg Ganja - Bail - Contraband recovered was more than commercial quantity - Accused was apprehended at the spot and was having conscious and constructive possession over recovered Ganja - There is no prior ill will or enmity of accused with..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Recovery suit - Property offered as a security is inadequate and less than 1/3rd of suit claim - Order of attachment of property before judgment is proper...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of gamchha - Accused was not in custody at the time of recovery of gamchha - Recovery cannot be said to be in consonance with S.27 of Evidence Act and thus, not proved - Since recovery of gamchha is not proved, availability of blood stains on it fades into..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of single eye witness - Not of sterling quality - Recovery of sunglasses recovered from scene of crime is doubtful as same was not identified by PWs - Recovery of gamchha as allegedly wore by accused at the time of incident not proved - Place of arrest is highly doubtful - Prosecution could not establish its case..........
Indian Penal Code, 1860, Section 376, 302, 449, 201 -- Rape - Murder of victim and her son - Recovery of sari of victim/deceased - Husband of deceased failed to identify sari of victim - It cannot be held that sari sized at the instance of accused belong to victim - Therefore, it will not help in connecting accused with offence in question...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Loan transaction - Amount claimed in suit is not based on any document executed between parties or by defendant - Defendant has taken a categorical stand that entire loan amount was already repaid with interest - Admittedly, amount was received through cheques - Detailed..........
