Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Chance recovery - Police on patrol duty - There was no previous information or personal knowledge - Recovery from a public place - Held, it is S.43 which is applicable and not S.42 of the Act...........
Civil Procedure Code, 1908, Section 96(3), Order .43, Rule 1A(2) -- First appeal - Maintainability - Challenge to recording of compromise and to question of validity thereof while preferring an appeal against decree - Held, appeal is maintainable U.O.43.R.1 (A) (2) of CPC...........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(s) -- Receiver - Appointment - Order is appealable and not revisable...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal from order - Grounds for hearing of - Held, appeal from order is required to be heard on the only grounds enumerated in S.100 of CPC - In short, unless there is substantial questions of law falls for consideration of this court, this court is not supposed to entertain this appeal from order - This Court has to..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal from order - Held, appeal from order is required to be heard on the only grounds enumerated in S.100 of CPC - In short, unless there is substantial questions of law falls for consideration High Court is not supposed to entertain appeal from order...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 43 -- Allegations of possession of chars in bags by three accused - Accused contended that police officer who made seizure, had throughout mentioned that there was chars with accused persons who were traveling in train - Thus he was already aware about contraband possessed by the accused - Procedure under..........
Evidence Act, 1872, Section 41, 42, 43 -- Criminal and Civil proceedings - Findings of fact recorded by Civil Court are not binding on criminal court and vice versa - However, there may be cases where provisions of Ss.41 to 43 of Evidence Act, dealing with the relevance of previous Judgments in subsequent cases may be taken into consideration...........
Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Transfer of case - Refusal to grant temporary injunction - Order does not operate as res judicata - Appeal filed - No ground for transfer of case - Transfer petition rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Exparte injunction - Appeal against - Appellant contended that the plaintiff took forcible possession - Plea based on certain documents which were not part of record of the trial Court - Appeal dismissed - Liberty given to appellant to file appropriate objections alongwith..........
Electricity Act, 2003, Section 43 -- Petitioner occupying portion of property jointly owned by him and his brothers and sisters - Held, he is entitled to supply of electricity - Licencee cannot withhold supply of electricity and ask petitioner to obtain no objection certificate of other co-owners - Directions issued to supply electricity to petitioner on complying with..........
