Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Acquittal - Upheld on the grounds viz. (i) Independent witness not joined despite availability and no explanation forthcoming for not having done so; (ii) Material contradiction with regard to place of Nakka; (iii) Scale with which contraband measured was alleged to be kept in the I.O. kit but..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value who has paid money in good..........
Arbitration and Conciliation Act, 1996, Section 45 - - Multiple agreement - Executed on same day for same purpose - Some contained arbitration clause and others don't - Parties not identically common in proceedings before Court - Parties to an action claiming under or through party to arbitration agreement - Held, disputes referred to and arising from multiple agreements..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Demised premises was on rent and in possession of firm `Export House' which was being run by `T' - After death of `T' same had become no, functional - Petitioner Nos.1 to 3, successors-i, interest, had formed a private limited company (petitioner No.4) which is now in possession of demised..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - On the basis of complainant"s power of attorney, `T' sold a part of land and took consideration thereof, but did not pass over same to him - Later `T' issued cheque which was dishonoured - Version of `T' that it was a blank cheque, which was given by him to complainant as an instrument of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Benefit of the provision of S.53-A TPA is available on fulfilling the following conditions: (i) The contract should have been in writing signed by or on behalf of the transferor; (ii) The transferee should have got possession of the immovable property covered by the contract; (iii) The transferee should have..........
Indian Penal Code, 1860, Section 323, 34, Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360 -- Incident occurred on spur of moment and is traverse in nature - Appellants doesn't have any previous conviction - Complainant left village about 11 years back - Complainant as well as appellants are residing peacefully for last 11 years in..........
Indian Penal Code, 1860, Section 302, 364, Evidence Act, 1872, Section 3 -- Murder and kidnapping - Appreciation of evidence - Accused/appellants took away deceased boy from his school and committed murder on animosity that father of deceased refused to reinstate them in his factory - Said fact is proved by evidence - Identification of appellants by prosecution witnesses..........
Government Grants Act, 1895, Section 2 -- Transfer of Property Act, 1882 - Appellant under Govt. Grant act granted distinct licenses for the purpose of marinating depot for storage of petroleum products at yearly license fee - Held, Govt. Grants Act being a special statute would override general statute i.e. T.P.Act - Rights and obligation of the parties would be governed..........
Evidence Act, 1872, Section 9 -- TIP - Holding of - None of the eye-witnesses describe appellant either in their statement recorded u/s 161 Cr.P.C. or prior to holding of T.I. Parade before Magistrate - In T.I. Parade there is nothing to show that persons of similar description i.e., complexion or age were mixed with appellant - Even in T.I. Parade, witnesses have not..........
