Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- A special court constituted under NDPS Act is not always a Court of first production...........
Electricity Act, 1910, Section 44, 39 -- Pilferage of electrical energy - Assessment - Mere acquittal of petitioner in criminal case for his alleged act of pilferage of electrical energy on the ground of no, production of cogent evidence does not confer any right in petitioner to claim innocence in matter of illegal drawing of energy - While considering the nature of..........
Transfer of Property Act, 1882, Section 54 -- Sale or loan transaction - Non production of written agreement to sell or other instrument to show that amounts were paid towards purchase of said property - Immaterial when instrument of sale itself records the factum of the amounts being received by defendant towards the sale consideration - Moreover, defendant has not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9(1)(a)(vii) - - Contraband - Rules to regulate - Held, Central Govt. is authorized to make rules which may permit and regulate various activities such as cultivation, gathering, production, possession, sale, transport, inter state import or export of various substances like coca leaves, poppy straw, opium poppy..........
Arbitration and Conciliation Act, 1996, Section 11(6), Production Sharing Contract, Article 33.5, 33.6, United Nations Commission on International Trade Law Model Law, Article 11(5), United Nations Commission on International Trade Law Rules, 1976, Article 6(4) - - Appointment of third arbitrator - Held, Art.33.6 virtually leaves it to Chief Justice of India to appoint..........
Arbitration and Conciliation Act, 1996, Section 11, Production Sharing Contract, Article 33.6 - - Appointment of third arbitrator - No agreement between parties to chose third arbitrator from India only - Held, S.11(9) specifically empowers CJI to appoint an arbitrator of a nationality other than nationality of parties involved in litigation - Merely because two..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of document - Additional evidence - Party may file additional documentary evidence, which was not earlier filed and mentioned in the list filed along with pleadings, with the leave of Court at the subsequent stage of suit...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Production of Audio CD - Such requests should normally be discouraged especially when plea is not taken at the outset unless compelling reasons are found by Court and interest of justice so demand - Moreover, it is not the case that conversation was recoded after closing of evidence - Alleged conversation was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Contraband - Non-production of sample and articles recovered from accused - Court to draw an inference that recovery as claimed was not effected from accused - Accused acquitted...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Family settlement - Loss of family settlement - In spite of best efforts family settlement could not be traced - Family settlement specifically pleaded in plaint and claim based on the strength of family settlement - Once plaintiffs have specifically pleaded in the plaint and have based their claim on the strength of..........
