Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 57 -- Contraband - Search & seizure - Non-compliance of provisions of S.55 &57 of Act - Held, conviction liable to be set aside - Accused acquitted - Appeal allowed...........
Public Premises (Eviction of Unauthorised Occupants) Act, Section 9 -- Dismissal of appeal against order of demolition - Order of demolition on ground of carrying out major repairs while notice issued under Section 5 - B(1) did not contain such allegation - Order in violation of principles of natural justice - Jurisdictional defect with which original order afflicted -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Transferee pendente lite - Impleaded as appellant in appeal - Plaintiff filing application to withdraw suit as not pressed - Held, transferee who has been impleaded as respondent in appeal has right to be heard...........
Civil Procedure Code, 1908, Section 151, State Financial Corporations Act, 1951, Section 31, 32, 39 -- Exparte order - Setting aside - District Judge can set aside ex parte order in exercise of inherent powers, notwithstanding remedy of appeal provided in Act against such order...........
Civil Procedure Code, 1908, Section 115 -- Maintainability of revision against interim order - If interim order will occasion a failure of justice or cause irreparable injury to the party against whom it was made - Section 115 must come to the rescue of aggrieved party - High Court cannot fail in its duty in not interfering in those cases - Mere fact that such order can be..........
Arbitration Act, 1940, Section 29, Civil Procedure Code, 1908, Section 34 -- Arbitration award - Post decretal interest - Arbitrator without giving reason denied claim for interest - Appeal against, not preferred - Application before High Court u/s 29 - Decree making award did not contain provision for making payment for interest - Interest u/s 34 CPC is matter of..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Appeal against acquittal - Six accused persons entered into house of deceased in wee hours of morning and assaulted deceased - Land dispute - Proceedings u/s 107 Cr.P.C. pending - Witnesses relatives of deceased, saw accused persons among whom A1 and A2 holding axes leaving house of deceased - Witnesses natural - Non..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of appellate Court - Plentitude of power is same as that available to Court hearing an appeal against an order of conviction - Court will not interfere solely because a different plausible view may arise on the evidence...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - In a case of murder, if the reasons given by the trial Court for discarding the testimony of the eye witnesses are not sound, then there should be no hesitation on the part of the High Court in interfering with an order of acquittal - If the judgment of the trial Judge was absolutely perverse, legally..........
Letters Patent Appeal -- Respondent - U.O.I. did not challenge order of Single Judge by preferring appeal or filing cross - objections - Plea of respondent - U.O.I. that appellant wrongly granted statutory benefits as per amended provisions of Sections 23(2) and 28 Land Acquisition Act - Not tenable - In the absence of appeal or cross - objections by respondent - U.O.I.,..........
