Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
Criminal Procedure Code, 1973, Section 357 -- Victim Compensation Scheme - Victim as well as her father were declared hostile - They violated Cl.6(3) of Karnataka Victim Compensation Scheme and therefore not entitled to seek compensation - Though State Legal Services Authority passed the order without affording an opportunity of hearing to victim, however, principles of..........
Competitive examination -- Posts of Civil Judge - Main written examination - Prohibition of using a pencil in paper for any purpose - Respondent underlined answer sheet with pencil at several places in Law Paper-I - Paper declared invalid in view of violation of instructions issued by Commission which are mandatory, having force of law and they have to be strictly complied..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Application U.O.39.R.2-A CPC is maintainable only during pendency of civil suit in case interim order passed by Court or undertaking given by party is violated - Application filed after disposal of civil suit is not maintainable...........
Jammu and Kashmir Housing Board Act, 1976, Section 40 -- Cancellation of allotment - Neither mandate of S.40 of the Act has been complied with nor have principles of natural justice been observed - Even, board has taken unilateral decision that petitioner has violated condition of lease - Order for cancellation of allotment set aside - However, quashment of order shall not..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail relevant factors not considered - Plea that accused has not violated any condition of grant of bail till date - Plea declined - Bail application dismissed...........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Intra Court appeal - Against pre-emptive purchase order - Writ jurisdiction - Writ Court cannot act as an appellate Court to examine the legality and correctness of the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police assistance - Providing police assistance as Court prima facie coming to conclusion that ad interim injunction order is violated - If defendant is not violating ad interim injunction order then providing police assistance is nothing but an innocuous order and on..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 153A, 120B, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 43D(2)(b) - - Offence u/ss 302, 153-A, 120-B IPC and Ss.16, 18 of 1967 Act - Specific reason assigned by Public prosecutor fulfilling the mandate and requirement of S.43-D(2)(b) of 1967 Act and said fact was considered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that loan not advanced through account payee cheque and thus violated the provision of S.269-SS of Income Tax Act - Advancing loan not in consonance with the provision of S.269-SS of Income Tax Act will not make the proceedings u/s 138 of the Act bad in law...........
