Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order to enable Court to effectively..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Appreciation of evidence - As per evidence of PW1, there is not even a whisper that accused had ill-treated his wife or was harassing her or treating her within the meaning of S.498-A IPC - Even, nothing was brought out to prove ingredients of S.498-A IPC - There is no evidence to prove that cruelty or mental torture on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Non-compliance of S.50 of the Act - Accused was required to be searched in presence of independent officer - Officer who conducted search of accused was only a member of raiding party and such reposition of faith by accused is contravention of spirit of S.50(1) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 18.85 kg cannabis mixture - Non-joining of independent witness - Independent witnesses were not available despite efforts made by police party - Incident took place at 6.30 pm in the month of January that too on Manali Kulu road, which may lend credence to prosecution version of its..........
Indian Penal Code, 1860, Section 354A, 354B, 354C, 354D, 406, 506, 504 -- Summoning order - Offence u/ss 354-A, 354-B, 354-C, 354-D, 406, 506, 504 IPC - Allegations made by prosecutrix against accused in FIR supported by her statements u/ss 161, 164 Cr.P.C along with statement u/s 161 Cr.P.C of independent witnesses, by which they have given vivid description about nature..........
Electricity Act, 2003, Section 126, 135 -- Unauthorized use of electricity - Once Board detects case of unauthorized use of electricity by any consumer, Board gets cause of action to proceed against any person/consumer u/s 126 and/or 135 of the Act - Both Ss.126, 135 of the Act are independent in all respects and provide different kind of liability and consequences, as one..........
Industrial Disputes Act, 1947, Section 11A -- Domestic inquiry - Misconduct - Termination - Preliminary issue for deciding legality of domestic enquiry not framed by Labour Court - Further, having found fault in domestic inquiry committed another error committed by Labour Court when it did not allow employer to lead independent evidence to prove misconduct/charge on merits..........
Hindu Marriage Act, 1955 -- Applicability of Civil Procedure Code to proceedings under Hindu Marriage Act, 1955 - Hindu Marriage Act is an independent Act and is not governed by the provisions of CPC - Procedure prescribed in CPC is applicable to all civil proceedings - Even if it presumed that CPC is not strictly applicable still the broad principles of provisions of CPC..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Decree for eviction - Three plaintiffs applied jointly for decree - Trial Court ought to have passed decree in favour of plaintiffs jointly - However, trial Court passed a decree specifically in favour of second plaintiff - First plaintiff had no requirement of suit premises - Reasonable requirement of third..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 180 gms brown sugar - Search and seizure - Notice u/s 50 of the Act though given to accused but SHO concerned while giving option of search being carried out in presence of a Gazetted Officer or a Nearest Magistrate has also given option to be search before himself and eventually carried out..........
