Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Expression `any officer' attached to departments referred to in S.42 of the Act are empowered to effect search and seizure in a public place - Reference to S.42 of the Act is to qualify departments to which officers are attached and does not refer to rank or post of said officer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Applicability of notification issued by State of W.B u/s 42 of the Act - Recovery effected from the bag carried by co-accused in a public thoroughfare - Seizure of narcotic substance in said manner does not attract provision of S.42 of the Act, but was effected u/s 43 of the Act thereof -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2) -- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Denied due to absence of State counsel - Lady accused - Petitioner was CEO of company and surrendered before Add. CJM - Trial Court instead of deciding bail application on same day, posted matter on next day on the ground that Special Public prosecutor appointed by CBI not available - In bail matters, special provisions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Non-joining of independent witness - Prior information - Search team was having prior information of contraband at 8 p.m - However, they reached the railway station at about 10 p.m - Railway station is at a distance of 10-15 minutes - Search team spent more than one..........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 2(17A) - - Public place - S.2(17-A) of the Act includes private vehicle in definition of public place...........
Indian Penal Code, 1860, Section 176, 34 -- Non-reporting of offence of rape to public servant - Offence of rape which is alleged to have been committed in the case, has not been incorporated in S.39 Cr.P.C - Ingredients of offence u/s 176 IPC thus, not attracted - Moreover, no material on record that petitioner intentionally omitted to give such information either to..........
