Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 380 kgs of poppy husk - Conscious possession - Accused `N' alone was driving a vehicle at the time of recovery of contraband - On search and seizure, contraband was recovered from said vehicle - Accused held to be in conscious possession of contraband - Conviction of accused `N' upheld...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession and recovery of damages - Question of ownership is already decided in favour of plaintiff in earlier suit filed by defendant - Said issue need not to be decided afresh - On the basis of ownership decided in favour of plaintiff in earlier suit, present suit has to be decreed so far..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for recovery of damages ought not to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of smack - Accused was travelling in a car at the time of apprehension and said car was taken into possession - But no evidence has been collecting by I.O to establish any link between accused and said car or its owner - It is fatal to prosecution story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 1 kg 800 gms - Conscious possession - Accused was found sitting on cot - Bag containing charas was lying near right leg of cot - Nobody else present near said bag which shows that accused was in control and physical possession of contraband - Once possession of contraband is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of charas - Examination of accused - Accused was found to be in conscious possession of 1 kg 800 gms of charas - He was very much aware of the fact that he has been charged for having been found in conscious possession of contraband - Mere omission of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Reduction of sentence - Accused was found to be in conscious possession of 1800 gms of charas which falls within definition of commercial quantity - Moreover, accused was also convicted and sentenced previously for keeping in his possession 1 kg of charas - Handicapness of accused is..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - On denouncing title of landlord, tenant forfeited his right of tenancy and in such event, civil Court has got jurisdiction to grant decree for possession against defendant tenant...........
Adverse possession -- Mere possession or permissive possession does not demonstrate spectrum of adverse possession - Possession should be adequate in continuity, in publicity and extent to show that possession is adverse to very knowledge of true owner - Possession must start with a wrongful dispossession of rightful owner and should be actual, visible, exclusive, hostile..........
Adverse possession -- Plea of adverse possession is not a pure question of law - It is interpretation based on following text mechanism: (a) On what date defendant came into possession (b) What was the nature of possession (c) Whether factum of possession was known to plaintiffs (d) How long his possession had continued (e) Whether possession was open and undisputed...........
