Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 32, Haryana De-addiction Centre Rules, 2010, Rule 6 -- Drug De addiction Centre - Running without licence - Stocking of eight types of drugs containing Buprenorphine - Running Drug De addiction Centre without having any license is violative of provisions of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Parties stayed for 24 hours - Conduct of wife who left matrimonial home and caused mental cruelty to husband is also on record - Wife thus, not entitled to permanent alimony - However, it is directed that golden ornaments, silver and other articles belonging to wife, if any lying with husband, shall be returned to..........
Arms Act, 1959, Section 25(1AA) -- Recovery of six live cartridges from a car driven by A-1 - A2 was no where near the car - He was arrested only because he was the registered owner of car - A-2 was not in possession of prohibited ammunition at all, much less for purpose of sale which is a requirement for attracting provision of S.25(1-AA) of the Act - Conviction of A-2..........
Arms Act, 1959, Section 25(1)(a) -- Constructive possession - Recovery of six live cartridges from back seat of car driven by A-1 - A-2 was no where near the car - He was arrested only because he was the registered owner of car - A-2 was not found in actual possession of cartridges - No evidence on record that A-2 knew that what A-1 was carrying in car or that he had kept..........
Arms Act, 1959, Section 25(1)(a) -- Constructive possession - Arms and ammunition - For constructive possession, it is necessary that either there is proof that accused had placed weapons or was at least in control of house in which they were found...........
Arms Act, 1959, Section 25(1AA) -- Recovery of live cartridges from bungalow occupied by A-4 - Constructive possession - A-4 convicted only on the basis of his admission in cross-examination, wherein he is shown as occupier of house in records of Municipal Corporation - However, A-4 was not present in house at the time of recovery nor he was present in house for days..........
Indian Penal Code, 1860, Section 402, Arms Act, 1959, Section 25 -- Assembling for purpose of committing dacoity - Secret information - Prosecution relies upon statement of ASI and one more person who overheard accused's intention and purpose for assembling at the spot - Though ASI stated that he heard the conversation of accused persons, but he has not stated the language..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 25 -- Divorce and permanent alimony - Single petition - Cause of action for dissolution of marriage and for permanent alimony is one and the same - Parties also same - Single petition for such two reliefs can be filed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 411, 473 -- Bail - Offence u/ss 21, 25, 29 NDPS Act and Ss.411, 473 IPC - Recovery of 255 gms heroin from petitioner and amount of Rs.40,000/- from co-accused - Petitioner is neither driver nor owner of car - Even,..........
