Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), 15, 61, 85 -- Default bail - Extension of two months time to file challan - Challan not filed within 180 days as chemical report not received - Plea that prosecution delayed the dispatch of contraband to FSL by 14 days - Impugned order extending two..........
Wakf Act, 1995, Section 83, 85 -- Wakf Property - Jurisdiction of Civil Courts - Ejectment of lessee from wakf property - Civil Courts had jurisdiction to entertain suit filed by Board...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85 -- Recovery of 1.100 gms charas - Two independent witnesses associated by police at the time of search and seizure but they did not support the case of prosecution, as they stated that alleged bag from which charas was recovered was not found in the possession of accused by police - Search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85 -- Recovery of 1.100 gms charas - Conscious possession - Prosecution failed to prove that accused were in conscious possession of contraband which was allegedly recovered from a bag carried by accused - Major contradictions in the testimonies of PWs with regard to mode and manner in which independent..........
Constitution of India, 1950, Article 226, Delhi Co-operative Societies Act, 1972, Section 33, 38, 30, 85 -- Recovery proceedings - Seeking recovery of amount and attachment of property of members of co-operative society - Neither General Body nor Managing Committee can burden the liability on member which he had never incurred - In instant case loan was taken by society..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85 -- Recovery of 1.500 kg charas - Non-joining of independent witnesses - Accused apprehended on the Highway in front of Polytechnic - It was neither a secluded place nor an isolated place - Police should have joined independent witnesses from either bus stand or Chowkidar of polytechnic or PWD office -..........
Employee's State Insurance Act, 1948, Section 85(a)(i)(b) -- Failure to pay contributions - Punishment - Reduction of fine - Non-payment of contributions is a economic offence - Minimum term of imprisonment and amount of fine has been fixed by legislature u/s 85 of the Act - There is no discretion of awarding less than specified fee under main provision - Discretion as per..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rr.285B, 285C - Auction - Provision of Rules provide for payment of 25% bid amount in cash immediately and balance within 15 days of sale - Non deposit or of default in deposit would be as if there was no sale...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50, 61, 85 -- Contraband - Non-joining of independent witness - Credibility of police official's statement - Merely because no independent person had co-operated to join the raid, testimony of police officers which otherwise inspires confidence cannot be discarded - Raid was conducted meticulously - There..........
Evidence Act, 1872, Section 57(6), 85, Power of Attorney Act, 1882, Section 2 -- Power of attorney holder - Unregistered power of attorney but authenticated by notary - Court is bound to presume that it was duly executed especially in the case of no rebuttal...........
