Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Secret information - Petitioners have not been able to demonstrate that they suffered any prejudice on account of not being provided grounds of arrest and therefore merely on the said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Cannot be ordered merely on account of fact that complainant has stated that he is not satisfied with investigation conducted...........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Once a cancellation report is submitted, Magistrate can reject the same by giving reasons or refer the matter for further investigation - He also has option of taking cognizance of offence himself - However, question of rejecting cancellation report and sending same back for..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Non-disclosure of reasons - High Court has not disclosed any reason whatsoever as to basis on which bail has been granted - Impugned order set aside on this short ground itself - Matter remitted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Merely imposing condition of directing accused to carry out plantation of saplings on the premise that it would serve social cause and on said basis, bail came to be granted by suspending the sentence without considering merits, could not stand test of law - Impugned order of granting..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9 -- Transfer of petition for custody of child - Jurisdiction of Court - Both the parties are residing at place `M' - No purpose would be served for both the parties to travel to place at `B' to prosecute custody petition - Custody petition and divorce petition transferred to District and..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - When there are multiple issues and if burden of proving some of issues is on defendant in such a case O.18.R.3 CPC gives an option to plaintiffs either to produce evidence on those issues or to reserve it by way of answer to evidence produced by other party - When plaintiff exercises such option, he can..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When there are several issue in a case in respect to issue where burden is on defendant to prove, plaintiff can exercise the option as provided U.O.18.R.1 CPC - However, in respect to other issues right to lead evidence is always on plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint averments alone have to be taken into consideration along with documents filed with plaint - Pleadings of written statement or documents filed by defendant cannot be taken into consideration...........
