Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Seizure of contraband from truck parked at public place on receipt of secret information - Seizure is not from any building, conveyance or enclosed place - When seizure is at public place, investigating officer is not required to reduce the information in writing - Provisions of S.43 and not of S.42..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Seizure of contraband from truck parked at public place on receipt of secret information - Joining of independent witnesses - As recovery is of Rs.8.75 crores as such huge quantity cannot be planted from personal resources of raiding party and as recovery was effected on cold winter midnight as such it..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Interference with earlier order of Additional Director at the instance of land holder not a party to earlier ex parte order - Not a review - Always open to land holder not a party to earlier order to approach Additional Director and ask for a path - Open to Additional Director to..........
Arbitration and Conciliation Act, 1996, Section 2(e), 8, 34, 42 -- Arbitration award - Challenge to - Can be challenged in the Court as defined under S.2(e) and not before the Court in which application u/s 8 was made...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Mistake of Consolidation Department - Correction of - Matter cannot be taken out of judicial scrutiny on the ground that the same barred by limitation - On account of double allotment landholder denied legitimate share of holding on re - partition on the ground that Khasra number..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Limitation - What attains finality on the basis of limitation is a valid order, by which a scheme has been prepared or confirmed or a re - partition which has been carried out in accordance with the Rules - East Punjab Holdings (Consolidation and Prevention of Fragmentation)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Recovery of contraband carried in a truck/vehicle - Conviction - Appeal against - Conviction challenged on plea of violation of provision of S.42 of the Act - Seizing Officer having received secret information in writing did not record his reasons of belief of commission of offence nor did he disclose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of contraband on receipt of secret information by Police - Provisions of S.42 of the Act not complied with - Held, it is not fatal when case was proved by other evidence led by prosecution...........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Previous judgment - Relevancy - (1) the previous judgment which is final can be relied upon as provided under Sections 40 to 43 of the Evidence Act; (2) in civil suits between the same parties, principle of res judicata may apply; (3) in a criminal case, Section 300 Cr.P.C. makes provision that once a person is convicted or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Non-compliance of - Effect - Police party received secret information, while they were on patrol duty - Priority was first to seize the contraband - DSP was immediately informed on wireless and he reached the spot - Failure to comply with Section 42 of NDPS Act cannot be said to be fatal to the case of the..........
