Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 10.200 kg opium - Independent witness not supported prosecution case - Compliance of S.50 of the Act not discernible from testimony of PW6 himself - There was also an interpolation in mentioning weight/quantity of contraband - Conduct of accused as per prosecution that he himself was keeping..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1 of 1989, Dated 13.06.1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - Sampling was done contrary to standing instructions 1 of 1989, dated 13.06.1989, which is mandatory - It cannot be said that police had followed procedure prescribed under the Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1, 2.2, 2.3 of 1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - It is not known from which packet sample was taken out - There is thus, violation of 2.2 of Standing order 1/89 - Neither panchnama nor complaint nor remand report makes a mention about..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 2kgs and 515 grams of ganja - When quantity is less than commercial restrictions of S.37 NDPS Act will not attract and factors for bail become similar to offence regular statutes - Moreover, petitioner is first..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Suit for declaration and recovery of possession sought to be withdrawn and to file a fresh suit for declaration and perpetual injunction - Cause of action itself will change and nature of suit will also change - Order permitting plaintiff to withdraw suit and granting..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused in an open place - Merely because dead body of deceased was recovered from an open place, it cannot be held that dead body of deceased was recovered at the instance of accused...........
Civil Procedure Code, 1908, Section 34(2) -- Interest - Suit for recovery of interest accrued for delayed payment - Would not come under deeming provision u/s 34(2) CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Works contract - Cheque of Rs.10 lakhs issued towards part payment of Rs.83.90 lakhs - Cheque returned on technical grounds - Cheque amount transferred through RTGS on the same day - No material placed on record that an amount of Rs.83.90 lakhs was due for payment and cheque was re-presented towards..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained knife - Knife was recovered from possession of accused pursuant to memorandum statement of accused and in FSL report, blood was found on knife - Merely because blood group could not be ascertained, FSL report cannot be ignored - Recovery is proved...........
