Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Disobedience of order of High Court - Terms of settlement arrived at between parties not abided by wife and thus, violated the directions of High Court - Main dispute between husband and wife regarding custody of son - Both parties blaming each other for failure of settlement terms - However, High Court not..........
Arms Act, 1959, Section 17(3) -- Revocation of Arms licence - Absence of appearance/notice not entitle licensing authority to cancel the licences u/s 17(3) of the Act, particularly when none of conditions of S.17(3) of the Act is violated by petitioner...........
Arms Act, 1959, Section 17(3) -- Revocation of Arms licence - Mere pendency of criminal case/appeal against petitioner, would not entitled licensing authority to cancel the licence of petitioner, particularly when no fire arm is used in said criminal case and none of conditions of S.17(3) of the Act is violated by petitioner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1200 gms charas - Non-compliance of S.50 of the Act - Mere informing accused to be searched before gazetted officer or Magistrate is not sufficient enough, as communication should be to the effect that accused understand his legal right and implication as well as consequences thereto - Strict..........
Criminal Procedure Code, 1973, Section 195 -- Bar u/s 195 Cr.P.C - Cognizance of offence - Offence u/ss 188, 34 IPC - Compliant filed by Enforcement Officer being Government servant is valid, as Government Official on duty has every right to file a complaint if he finds any order of Court, Tribunal or District Administration is violated...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 400 intoxicant Diazepam tablets - Non-compliance of provision of S.50 of the Act - Right of accused to be searched before Magistrate or Gazetted Officer not told to him by police - Mandatory provision of S.50 of the Act thus, violated - Conviction and sentence set aside - Accused acquitted...........
Kerala Land Reforms Act, 1964 -- Resumption of lands - As per respondents/official, petitioners illegally obtained Pattayams through fraudulent manner and property is still under ownership of State - As per evidence on record no such Pattayams were issued by revenue department and documents produced by petitioner are fabricated documents obtained with assistance of officer..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Non gazetted officer after obtaining consent of accused cannot conduct search and effect recovery - Mandatory provision of S.50 of the Act violated...........
Admission -- University - Number of students applying for various Pharmacy courses are less than number of seats available - This has not been denied by University - No allegation that in admission made in absence of observer, rule of merit - Number of students applying for various Pharmacy courses are less than number of seats available - No allegation that in admissions..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Petitioner did not made any misrepresentation while craving anticipatory bail - He appeared before I.O for investigation and original documents have been recovered - Neither accused misused liberty of bail nor violated any condition of bail order as portrayed while challenging order..........
