Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv) -- Recovery of opium - Relevance of morphine in the opium - Held, percentage of morphine in sample of opium does not determine the purity of opium - Percentage content of morphine in opium is not relevant for the purpose of considering the question as to whether the seized opium is of a small quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Opium - FSL report that it is opium - Held, Courts are not bound by the opinion given by the Forensic Science Laboratories and ultimately it is for the court to determine if the substance falls within the definition of opium as described in the NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Opium - (1) For a substance to be regarded as opium, it must fall under either of the two categories mentioned in Section 2(xv) of the NDPS Act; (2) In case the substance in question falls under the first category mentioned in Section 2(xv), that is, it is the coagulated juice of opium poppy, then it..........
Civil Procedure Code, 1908, Order 2, Rule 6 -- Separate trials - Power of trial court - Exercise of - Held, O.2.R.6 of CPC gives power to the Court to order separate trials in certain enumerated circumstances - The said power cannot be exercised to direct plaintiffs to file three separate suits and that too in the absence of the said three enumerated circumstances...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 3-A -- Ad interim injunction - Refusal to grant ex parte ad interim injunction - Appeal against - Not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case and balance of convenience not in favour of plaintiff - Plaintiff not in possession over the property in question - Trial Court rightly rejected the application...........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt - Order as to not to disturb place of posting - Location of posting changed - Held, in the event two interpretations are possible and the action of the contemnor pertains to one such interpretation, then the act or acts cannot be ascribed to be otherwise contemptuous in nature - It is no more res integra that mere..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Constitution of India, 1950, Article 226 -- Civil Court vested with the power U.O.39.R.2-A and S.151 CPC not only to punish for contempt, but also to set right the wrong - It can order demolition of construction raised in violation of its order - In execution of such order it can direct police to act - However, this remedy is..........
Partition Act, 1893, Section 2, Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale of immovable property - Applicability of provisions of Order 21 CPC - Provisions of Rule 234 of the Civil Rules of Practice would apply - Provisions of Order XXI of the Code of Civil Procedure would not apply to a sale of immovable property under the Partition Act, 1893...........
Civil Procedure Code, 1908, Order 13, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 14 -- Late production of documents - Documents not produced alongwith plaint or entered in list annexed with the plaint cannot be received in evidence without leave of the Court - Court can allow production of documents at a later stage when documents are genuine and relevant for the..........
