Kerala Anti Social Activities (Prevention) Act, 2007, Section 3, 6 -- Preventive detention - Delay - Held, detention order can be rendered illegal and unconstitutional provided delay in passing order or in executing order is found to be inordinate and unexplained - In present case, detention order was issued on 29.01.2013, but detenu was arrested and detained only on..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction - Bona fide requirement - Respondent seeking prayer to evict tenant on ground floor of bonafide requirement for starting business for herself in absence of disclosing complete accommodation of three floors even by not filing complete site plan - Respondent has got more than reasonably suitable space..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, 42 -- Contraband - Sending of samples - A wrong date due to clerical error is reflected in affidavit - Samples received by FSL without any delay - There was no tampering with seal - Contention that weight of sample was lesser than what actually sent to FSL - Contention rejected as weight given in FSL..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Offence u/ss. 419, 468, 471 & 34 IPC - Order taking cognizance - Advocate-petitioner obtained bail order for an accused from Sessions Court and bail bond was presented before Magistrate - Surety impersonated himself in bail bond which was accepted and accused was released - No allegations that petitioner had..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 250 gms. of opium - Only one witness joined to whom SI knew previously and he too was given up - Affidavit of such witness in which he stated that no such recovery was effected in his presence from the accused - Held, prosecution has failed to prove its case beyond reasonable doubt - Accused..........
Affidavit -- It is an essential characteristic of an affidavit that it should be made on oath or affirmation before a person having authority to administer the oath or affirmation and thus, duty to state on oath on the part of the deponent is sacrosanct...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree - Setting aside - Notice of divorce petition not served upon wife and her claim was duly supported by an affidavit - Exparte decree set aside despite objection that application to set aside exparte decree was filed beyond 30 days - Held, in matrimonial dispute Court should take a liberal approach and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Written statement to the amended plaint - Defendant to file his written statement to the amended plaint only upto the extent of amendment made in the plaint - Defendant shall also have the right to cross examine again, already examined plaintiff, but only upto the extent of the amendment made in the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Two cheques referred in the plaint and examination-in-chief affidavit but inadvertently the same could not be placed on record - Even defendant did not take notice of the said omission - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of an expert - Affidavit introduced in evidence by defendant which was beyond pleadings - Held, plaintiff has right to examine the handwriting expert even in rebuttal evidence as defendant has introduced the affidavit beyond pleadings, at the stage of evidence...........
