Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(p)(iii), 3, 7 -- Detention order - Validity - Non-supply of documents - Confidential information and police station records relied on by detaining authority not supplied to detenu - Held, detaining authority duty bound to supply said documents - Non-supply of said documents vitiated detention order...........
Arms Act, 1959, Section 25(1B)(a) -- Fire arms and ammunition - Conviction - Validity - Recovery of fire arms and ammunition from possession of petitioner - Factum of recovery not supported by any of independent witness - Material exhibit produced before Court not same material exhibit examined by ballistic expert - Connectivity of material exhibit in possession of..........
Indian Penal Code, 1860, Section 302, 376(2)(g) -- Murder - Rape - Death sentence - Validity - Trial Court recorded special reasons for imposing punishment of death on respondents that respondents deceived and took away deceased, turn wise committed rape on her in darkness of night and thereafter committed her murder by throttling her by scarf and hence they were not..........
Rent and Eviction -- Eviction - Validity - Property does not have Khasra number - Difficulty in assessing actual identity of the property - Held, proper adjudication in summary proceeding under Rent Control Act is not possible - Best course shall be to consign landlord, whoever is owner to file suit for recovery of possession on basis of title, if so advised and Civil..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 471, 420 -- Quashing of proceedings - Validity - Complaint u/ss 420, 406, 468 & 471 IPC - Issuance of summoning order by Magistrate - Quashing of proceedings by High Court on ground that dispute is of civil nature - High Court failed to record any reason for holding that dispute is of civil..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant received the cheque amount and executed a receipt - Nothing on record to suggest that receipt in question had not been signed by complainant - Held, since complainant had received amount in question, therefore, trial Court rightly ordered acquittal of accused - Appeal..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Until Court records compromise it has no validity - At the most, parties who resile from the alleged compromise, can be subjected to cross examination regarding such compromise...........
Administrative Law -- Judicial review of administrative action - Scope - Held, scope of judicial review is limited and Courts do not go into merits of decision taken by administrative authorities but are concerned with decision making process - Interference with order of administrative authority is permissible when it is found to be irrational, unreasonable or there is..........
Service -- Additional Sessions Judge - Termination - Validity - Bar Association passed a resolution against Additional Sessions Judge for not detaining a witness on request of counsel for party to enable him to bring summons for effecting service on him without there being any requisition from Court of Chief Judicial Magistrate - Termination of service by High Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 57 -- Contraband - Conviction - Validity - Nothing on record to show that alongwith appellant, contraband recovered from him or sample drawn were produced before trial Court - Sample seal and malkhana register not produced on record - 10 days delay in sending samples for chemical analysis - No paper on..........
