Punjab Tenancy Act, 1887, Section 40 -- Order of ejectment - Land was leased out for a period of 20 years - As per the provisions of Section 40 of the Punjab Tenancy Act, 1887, lessees was liable to be ejected from the tenancy land on expiry of lease period - No payment towards damages for use and occupation of the land for a period of more than three decades - Order of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 10 bags of poppy husk each containing 35 kgs poppy husk - Accused found sitting on the bags in fields - Accused acquitted - Held, prosecution case suffers from following infirmities : (a) Informer of secret information not examined; (b) No corroborative evidence that accused indeed collected..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 36A -- Trial under NDPS Act - Designated court gets jurisdiction to decide a case only if the punishment prescribed is more than 3 years - If the punishment prescribed is upto 6 months, trial has to be by a Magistrate under the CrPC - Accused tried for recovery of ganja - Recovery was of cannabis..........
Arms Act, 1959, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i) -- Cannabis plant recovered from the possession of the accused during raid - Seizure of the gun effected subsequent to raid - No allegations from any of the witnesses that accused has used such gun - Held, mere seizure of gun powder from the possession of accused does not..........
Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, Section 47 -- Indian Oil Corporation Employees Pre - Mature Retirement Scheme on Medical Grounds - Pre - mature retirement - On medical grounds - Plea that petitioner stands retired prior to the coming into force of the 1995 Act hence Section 47 of the Act not applicable..........
Land Acquisition Act, 1894, Section 48 -- Land Acquisition - Possession of notified land taken over - State is denuded of its power to withdraw from the acquisition in terms of Section 48 of the Act...........
Employee's State Insurance Act, 1948, Section 2(12) -- `Factory' - For holding an establishment to be a `factory' it must first be established that some work or process is carried on in any part of the establishment that amounts to `manufacturing process' as defined under section 2(k) of the Factories Act, 1948 - In case the number of persons employed in the establishment..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence - Proceedings before the executing court - Additional evidence necessary for proper adjudication of controversy - Additional evidence disallowed on the ground that provisions relating to additional evidence deleted through amendment - Held, Court in exercise of inherent powers under Section..........
Negotiable Instruments Act, 1881, Section 141(2) -- Vicarious liability - Officer of a company - Not liable to be prosecuted by virtue of his office - Can be prosecuted only u/s 141(2) of the Act - Mechanical reproduction of S.141(1) is not sufficient - It is required that there should be necessary averments in the complaint as to how and in what manner the accused was..........
Prevention of Food Adulteration Act, 1954, Section 10(7) -- Sample of milk drawn - Efforts made to join independent witnesses - None came forward - Sufficient compliance of Section 10(7) of the Act...........
