Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 30 Kg. - Delay of 11 days in tendering CFSL form - Held, some delay in sending the CFSL form will not entitle the accused to acquittal unless any prejudice is shown...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Claim petition - Amendment sought to correct the registration number of vehicle involved in the accident - Does not change the nature of suit - No prejudice caused to other party - Allowed...........
Criminal Procedure Code, 1973, Section 211 -- Charge - Non framing of - Mere omission to mention provision of law - At the highest may be considered as an irregularity - No prejudice shown - Conviction and sentence not at all affected...........
Criminal Procedure Code, 1973, Section 211 -- Charge - Finding or sentence not to be set aside merely on the ground that a charge was not framed or that charge was defective unless it has occasioned prejudice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Bona fide requirement - Eviction sought on ground of expansion of business activities - Written statement filed by defendants - Thereafter they came to know that plaintiffs have acquired sufficient property and they are not going to expand their business on disputed premises..........
Constitution of India, 1950, Article 226 -- Writ petition - Challenging appointment of Special Public Prosecutor (SPP) - Appointment of SPP to conduct a proceeding does not in any way cause prejudice to the accused - Petition dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Informing accused of his right of search before a Gazetted Officer or a Magistrate - If accused required that his search be conducted in the presence of a Gazetted officer or Magistrate the Empowered Officer is obliged to do so - Failure on his part to do so would cause prejudice to the accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Secret information received when on patrol duty - Secret information not reduced to writing - However recovery effected on basis of secret information - It is not violative of S.42 of the Act - IO is obliged to send secret information to his immediate superior officer if same is taken down in writing - As..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross examination of deponent - Case adjourned twice - Defendants counsel not present - Evidence of plaintiff closed - Recall of order - Explanation given for absence appears not only satisfactory but also bonafide - Foreclosure of the defendants right to cross examine the plaintiff has resulted in grave..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Trial - Prosecution case closed upon cross-examination of witness on behalf of complainant and at the stage of examination of accused u/s.313 Cr.P.C application filed by complainant for recalling PW1 in order to prove power of attorney on strength of which he filed complaint against accused - Trial..........
