Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Personal search vitiated for violation of S.50 of the Act - Recovery was made from a bag - Recovery not vitiated - Conviction calls for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - S.52 of Transfer of Property Act, does not operate as bar to grant of temporary injunction U.O.39.Rr.1, 2 CPC in discretion of trial Court, on fulfillment of pre-conditions for grant of temporary injunction...........
Indian Penal Code, 1860, Section 149 -- Common object - Accused charged for the offences punishable u/s 149 IPC - Their presence established and it is stated that they were part of unlawful assembly - Individual role and/or overt act by individual accused is not significant and/or relevant...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Issue of insufficiently or incorrectly stamped arbitration agreement can be finally decided at a later stage - Court cannot review or go into this aspect u/s 11(6) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Insufficient stamp duty on arbitration agreement - Stamp duty has been paid on agreement - Whether it is insufficient or appropriate is a question that may be answered at a later stage - Former Judge of High Court of Karnataka appointed as sole arbitrator to adjudicate the issues...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Bail - Kidnapping and rape - Victim and accused both are minor and they fled away and got married and remained in..........
Monopolies and Restrictive Trade Practices Act, 1969, Section 36A, 36B(a), (d), 36D, 36E, 2(i), 2(o) -- Unfair trade practice - Apartment Buyer Agreement - Delay in handing over possession of apartment - Possession was to be handed over within a period of two and half to three years from date of agreement as per clause mentioned in agreement - It cannot be said that time..........
Monopolies and Restrictive Trade Practices Act, 1969, Section 36A, 36B(a), (d), 36D, 36E, 2(i), 2(o) -- Unfair trade practice - Apartment Buyer Agreement - Extra charges demanded by developer - Extra charges demanded as per clauses of agreement - There is no dispute that appellants had paid initial installments towards extra charges - Developer had also duly informed..........
Indian Penal Code, 1860, Section 323, 354, 427, 458, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 354, 427, 458, 143 IPC and Ss.3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va) of SC/ST Act - Quashing of FIR - Compromise arrived at..........
Indian Penal Code, 1860, Section 166, 167, 218, 463, 464, 465, 466, 471, Criminal Procedure Code, 1973, Section 156(3), 197 -- Jurisdiction - Compliance of Investigation and Sanction - Petitioner invoking jurisdiction u/s 156(3) Cr.P.C and necessity of S.197 Cr.P.C - Held, the want of sanction is not restricted to any act done by the public servant only in the discharge of..........
