Narcotic Drugs and Psychotropic Substances Act, 1985 -- Recovery of 976 grams heroine filled in 95 capsules - Reduction of default sentence - Substantive sentence awarded to accused is maintained - Trial Court imposed fine of Rs.1 lakh for each offence with default sentence 6 months R.I to each of accused - Default sentence modified to 1 month R.I in respect of each..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- Cognizance of offence - Offence u/ss 193, 471 - It appears that petitioner is Government servant and he is said to have committed offence u/ss 193, 471 IPC in relation to Court proceedings therefore, Ss.195(1)(b)(i) & 195(1)(b)(ii) Cr.P.C. is squarely..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform his part of contract as per findings of trial Court - Overwhelming evidence to substantiate this fact is on record, more particularly notice given by plaintiff to defendant expressing that he is ready and willing to come forward for execution of sale deed -..........
Hindu Minority and Guardianship Act, 1956, Section 13 - - Welfare of child - Custody of child given to father pursuant to Family Court order with visitation rights to mother and child was permitted to be admitted in boarding school - Child however, not inclined to go to boarding school and wanted to study in his old school - He is very much attached and had more..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Application for amendment cannot be permitted if cause set out in amendment would have been barred by law of limitation - Trial Court committed error by allowing amendment application, which reflects no, application of mind - Impugned order set aside - Application rejected...........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 304(Part I) - - Offence u/s 304(Part I) IPC - Husband allegedly killed his wife by strangulation - Child witness/PW7 is a star witness of prosecution, aged about 8 years at the time of examination in Court - He stated that his father/accused quarreling with his mother sat over her chest and pressed her neck..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 61, 85 -- Bail - Recovery of 1.5 kg of heroin - Indictment of petitioner is on the basis of disclosure statement suffered by co-accused from whom recovery of contraband was effected - Even, petitioner was not travelling in the bus from where contraband was..........
