Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 18, 50 -- Retesting of contraband - While considering applications seeking retesting, Court is to be convinced of ends of justice meant to be secured and truth to be arrived at and protected...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Offence u/s 201 IPC - Allegation of destroying evidence of offence u/s 302 IPC against petitioner - Said offence is punishable u/s 201 IPC, which is bailable offence - Petitioner released to the guardianship of her father - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Recovery of 40 kg poppy husk - Statement u/s 313 Cr.P.C. - Merely because no specific question has been put to accused with respect to their conscious possession, is no ground to vitiate the conviction particularly, when accused failed to show that prejudice is..........
Family Courts Act, 1984 - - Remand order - When all the issues had been settled by all stake holders by reaching amicable agreement, interest of justice is best sub served by recognizing the family settlement instead of remanding the matter - Moreover, remand order is not on the basis of any defect in the agreements or supplementary agreements but on account of certain..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15 -- Juvenile - Quantum of sentence - Accused declared to be juvenile by JJ Board - No doubt offence against accused is proved on record, but since on the date when offence was committed he was a juvenile, thus, he has to be convicted under JJ Act - As accused has already undergone two years and four..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(1)(e), Indian Penal Code, 1860, Section 405 -- Sanction for Prosecution - Acquisition of assets disproportionate to known source of income - Governor quoted the complaint in detail in his order of sanction - But there is no finding as to why Governor accorded sanction..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - It is necessary for administration of justice that decision of a Court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite - Lis pendens does not anull the conveyance or transfer otherwise, but renders it subservient to the rights of the parties to..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - Attesting witness of agreement to sell - Earlier evidence of plaintiff was closed by orders - Though attesting witness had not appeared on relevant date but his affidavit already produced was not discarded by lower Court - Suit is for specific performance and interest of justice requires that plaintiff should be..........
Muslim Women (Protection of Rights on Divorce) Act, 1986 -- Right of Muslim women - Issue regarding gender discrimination - In spite of guarantee of Constitution, Muslim women are subjected to discrimination as there is no safeguard against arbitrary divorce and second marriage by her husband during currency of first marriage, resulting in denial of dignity and security to..........
Land Acquisition Act, 1894, Section 11A, 17(1), 48(1) -- Denotification of acquired land - High Court issued directions to authorities without determining the questions arising from pleadings before it - Appellants claiming themselves to be landowners not arrayed as parties before High Court - Several issues have been raised that need to be suitably and articulately..........
