Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Testimonies of police witnesses, PW2 and PW5 unequivocally stated that polythene bag was inspected only after independent witnesses had arrived - There might be some confusion over timing of removal of other substances, but such trivialities are not material - Accused..........
Kerala Conservation of Paddy Land and Wetland Act, 2008, Section 2(iii), 2(xv), 3(2) -- Pokkali rice cultivation - Removal of mud and slurry or strengthening the bund for the purpose of carrying out pokkali rice cultivation will not violate any of provisions of the Act 28 of 2008...........
Indian Penal Code, 1860, Section 500 -- Defamation - Advocate - Advocate filed an application, on behalf of accused A1, A3 to A5, for removal of respondent and seeking appointment of another Resolution professional in a petition u/s 27 of Insolvency and Bankruptcy Code, 2016 - Said application was allowed and respondent was removed and another person was appointed as..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Plaintiff a licensee - Restraining defendant from forcibly evicting plaintiff - Notice prior to removal of possession not issued to plaintiff - No prior notice issued terminating the license - Having not done so, action of Nagar Palika is arbitrary and illegal in the eyes of law - Suit decreed - Defendant..........
Will -- Rejection for grant of probate - Probate proceeding is not merely inter-partes proceeding but leads to judgment in rem and, therefore, even when no one contests, it does not ipso facto lead to grant of probate - Probate is granted only on proof of Will as also on removal of suspicious circumstances, if there be any, to the final satisfaction of the conscience of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 19 -- Juvenile - Removal of disqualification attaching to conviction - Conviction in an offence will not be treated as a disqualification for a juvenile - Records of case pertaining to involvement of juvenile in a criminal matter are to be obliterated after a specified period of time - Cancellation of..........
Service -- Show cause notice - Imposition of penalty of reduction of basic pay to minimum of time scale pursuant to disciplinary enquiry - Subsequent show cause notice proposing removal from service in view of conviction under Prevention of Corruption Act and under IPC - Issuance of show cause notice, held, proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - At the instance of defendant - Defendant seeking temporary mandatory injunction against plaintiff for removing the wall by which lane (Gali) has been blocked and for removal of goods lying on the way - Concurrent finding of two Courts below that prima facie case is in favour of defendant -..........
Haryana Municipalities Act, 1973, Section 21, Haryana Municipal Election Rules, 1978, Rule 72A -- No confidence motion - In the instant case, motion was move by 21 Councillors before Deputy Commissioner - It cannot be said that motion was not signed by 2/3rd member of total strength - Confusion which was created due to putting signatures by one Councillor at two different..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Removal of construction raised by defendant in Gali in question - Gali exists in between houses of parties - Defendants not contended that Gali is under their exclusive ownership and/or possession, rather they have denied very existence of same - Since defendants admitted construction having..........
