Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Amendment sought to incorporate sub-letting - Plaintiff was aware of fact that suit premises were sub-let by defendants at the time of institution of suit - It is neither subsequent event nor a new ground for recovery of possession that arose after filing of suit - Admittedly,..........
Rajasthan Rent Control Act, 2001, Section 6, 9 -- Eviction petition - In application seeking eviction, applicant is not required to establish his title qua rented premises and to have a recovery certificate, it is sufficient that if he establishes relationship of landlord and tenant between the parties - From material on record, it is beyond any doubt that complainant has..........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Nature of injuries caused to deceased do not indicate common object of unlawful assembly was to cause death - It is also not established that accused had knowledge that death would probably be caused in occurrence - Deceased thus, suffered grievous injuries in the occurrence - Accused have suffered serious..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37 -- Bail - On the ground of parity with co-accused - Recovery of 24.560 kgs Ganja - Commercial quantity - Accused were caught red handed while transporting commercial quantity of ganja - Whether A-3 was only a gratuitous traveller or whether A-2 was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Non-joining of independent witnesses - Shops were situated where recovery was effected and accused was apprehended - But no effort made by I.O to associate anyone among those shopkeepers in investigation - It has nowhere been stated that I.O has approached said witnesses but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O after having sealed sample should have kept said seal on sapurdnama of an independent person or a person other than his subordinate who was not posted in said Police Station or was not under his command or control - This infraction itself is a ground for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O has failed to observe rules framed for recovery and seizure of contraband under the provisions of the Act - Having regard to statement of I.O as regards sample prepared and sample received by Chemical Analyst a doubt is created whether sample examined by..........
Customs Act, 1962, Section 28(4) -- Recovery of duty not paid - An officer who did assessment, could only undertake re-assessment involved u/s 28(4) of the Act...........
Customs Act, 1962, Section 28(4), 2(34) -- Recovery of duty not paid - Proper officer - Additional Director General of DRI is not `proper person' to exercise power u/s 28(4) of the Act, particularly when goods have been cleared for import by Deputy Commissioner of Customs who decided the goods are exempted, as re-assessment and recovery of duties is by same authority and..........
Customs Act, 1962, Section 28(4) -- Recovery of duty not paid - Show cause notice u/s 28(4) of the Act, must be issued within 5 months from relevant date on which goods were assessed and cleared, in case duty was not paid or short paid or erroneously refunded by reason of collusion or any willful mis-statement or suppression of facts...........
