Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Property dispute - Claim over land by defendants/daughters of owner - Plaintiff claimed that father of plaintiff was Gaddi and belong to Scheduled Tribe community and according to custom daughters does not inherit property of their father - However, no material on record to prove custom in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 20 bales ganja weighing 200 kgs along with 100 bags edible makhana weighing 1350 kgs - In the instant case, I.O. in his statement stated that at the time of intercepting truck in night, 3-4 packets of ganja were detected by preventive team - Thereafter, truck taken to customs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2) -- Recovery 20 bales ganja weighing 200 kgs along with 100 bags edible makhana weighing 1350 kgs - Non-compliance of S.42(2) of the Act - Neither there is anything to show that information received by Custom havildar was taken down in writing nor grounds for requisite belief recorded - Even,..........
Custom -- LCD - Classification - LCD specifically provided in tariff item 9013 - Entry 9028 pertains to gas, liquid etc and includes electricity supply meters and it does not pertain to LCDs - LCDs used as parts of electric meters thus, Note 2(a) applies - LCDs will be classified in tariff item 9013...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of dowry - Defence failed to prove that there was any custom to give payment of money or giving gold items in relation to birth of a child - Said demand was dowry demand as prescribed u/s 304-B IPC...........
Customs Act, 1962, Section 14, Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, Rule 2(f) -- Custom duty - Valuation of goods for purposes of assessment - `Transaction value' - Whether payment made for technical services agreement is to added to value of plant that is imported - As per clauses of agreement such technical services are only..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Presumption - In order to raise presumption regarding adoption on the basis of adoption deed, the deed must have been signed by both i.e. person giving and the person taking the child in adoption - In the instant case, adoption deed was not signed by natural father and mother of petitioner - As such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c) -- Contraband - Plea of false implication - No averment in statement u/s 313 Cr.P.C regarding false recovery nor any complaint made against officers of Customs and Excise Department for false implication - Prosecution case cannot be discarded merely on the ground that recovery memo was prepared in..........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 16 -- Adoption - Suit for declaration - Plaintiff was 16 years of age at the time of adoption as such it was incumbent on plaintiff to plead and prove custom or usages applicable to parties permitting persons, who have completed the age of 15 years being taken in adoption in view of provision of S.10(iv) of the Act..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Suit for partition - Suit properties are streedhana properties of deceased - According to custom only daughters succeed to streedhana properties exclusively - But sons of deceased came to be in continuous adverse possession for 50 years - Daughters lost their right to claim possession by adverse possession and by..........
