Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once challan along with FSL report had already been presented before competent Court well before filing of application seeking default bail, indefeasible right to default bail if any stood extinguished...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Where a finding is returned by Court and same is assailed before appellate Court and appellate Court if it is a Court of fact may reverse it by appreciating evidence, but would have to record reasons in support of its conclusion...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When High Court exercises its jurisdiction u/s 100 CPC, particularly where there are concurrent findings of fact by two Courts below, interference with it is permissible on limited grounds such as where finding in question is perverse or is based on consideration of inadmissible evidence or by misreading or grossly..........
Customs Act, 1962, Section 35(1)(b)(i) -- Offence u/s 35(1)(b)(i) of the Act - Reduction of sentence - Recovery relates to the year 1985 and that offending consignment of watches was recovered lying in an abandoned condition - Conviction of appellants seems to be primarily based on confessional statements recorded u/s 108 of the Act - Conscious possession of smuggled goods..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Interest - Having regard to totality of circumstances, i.e. prolonged delay, failure to obtain mandatory statutory approvals, repeated non-compliance with directions of Supreme Court and long deprivation suffered by respondents despite payment of..........
Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Version of wife is natural, cogent and inspires confidence in the mind of Court - Petitioner subjected her to cruelty which is proved on record - Slight discrepancies in her evidence while narrating dates of incident cannot be considered fatal to prosecution case, as she is a rustic village woman - Conviction upheld -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court is only required to assess whether allegations and material disclose a prima facie case against accused and whether or not a case for grant of bail as per principles governing grant of bail is made out...........
