Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - Permission of Magistrate not sought to conduct X-ray of accused - Non-compliance of provision of S.103 of Customs Act - Consent of accused for conducting X-ray of his body cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - X-ray of accused - Radiologist who conducted X-ray of abdomen of accused neither examined nor his report sent to Magistrate with X-ray Plate for suitable action as contemplated under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - Non-compliance of provision of S.103 of Customs Act - Procedure followed by Air Intelligence Unit in keeping the accused under surveillance in their office without producing him before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - Search and seizure - No independent witness examined - Entire process of alleged recovery took place within closed confines of Air Intelligence Unit office while accused was in custody..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Implementation of order - Where relief granted in favour of aggrieved person is modified, varied or vacated, Magistrate is competent to pass such orders to give effect to its own order by invoking S.23(1) of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Provision of S.23(1) of the Act, can be invoked in appropriate cases to pass orders even against aggrieved person if Court deems it just and proper...........
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 19, 28 -- Ex parte residence order - Vacating the order - Held, when ex parte residence order is vacated, Magistrate shall invariably direct the aggrieved person to vacate the disputed house within a specified time to be fixed by the Magistrate and in case of failure to comply with that direction, to pass..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 19, 28 -- Ex parte residence order - Vacating the order - Magistrate is competent to enforce its order vacating the ex parte order and necessary directions can be issued to the jurisdictional SHO to enforce its order...........
Hindu Marriage Act, 1955, Section 13(1)(ib), 23 -- Divorce - Desertion - Petition by husband - Wife not voluntarily deserted husband - Earlier divorce petition on the ground of adultery filed by husband was dismissed and attained finality - Present petition filed after 12 years of such petition on the ground of desertion is an afterthought, as it was the husband who..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of previous suit without seeking liberty to file a fresh suit - Bar to file fresh suit - Cause of action and relief claimed have to be construed together and if cause of action and relief claimed in the previous suit and subsequent suit are not same, then subsequent suit is not barred by O.23.R.1(3) CPC...........
