Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Criminal Procedure Code, 1973, Section 58 -- Arrest under NDPS Act - No duty is cast on officer arresting accused to send any report to District Magistrate - Provision of S.58 Cr.P.C. is not applicable to such a case...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Collusive decree suffered in favour of sons to avoid payment of accident compensation - Decree suffered after the accident but before filing of accident claim petition - Decree passed in favour of sons is liable to be ignored and there is no need to file a separate suit to challenge the decree...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale and sale with a condition of repurchase - Distinction - In a mortgage, debt subsists and a right to redeem remains with the debtor; but a sale with a condition of repurchase is not a lending and borrowing arrangement - There does not exist any debt and no right to redeem is reserved thereby - An..........
Companies Act, 1956, Section 397, 398, 402, Companies (Court) Rules, 1959, Rule 6, Civil Procedure Code, 1908, Order 6, Rule 4, Evidence Act, 1872, Section 58, 115 -- Petition alleging mismanagement of company by Director - Plea of fraud on part of Director has to be specifically pleaded and proved by petitioner - Admission made by petitioner in her pleading as regard..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale and sale with condition of repurchase - Sale of land for a sum of Rs.700/- with a condition that if buyer at the end of any year within a period of ten years offers refund of sale amount then the land would be returned to the seller - Held, transaction is an outright sale with a condition of..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Transfer of property - Law does not prevent transfer of property even after filing of suit unless it is established that defendant has acquired any definite interest in that property...........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Attachment of property - Claim or objection as to - Appeal - Maintainability - Held that against orders passed under Rule 58(3) and Rule 98 and 100 or Order 21 CPC, regular appeals under Section 96 and not miscellaneous appeals under Section 104 read with Order 43, Rule 1 CPC are maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 58(3), 98, 100 -- Second appeal - A second appeal under Section 100 CPC is maintainable against an order passed in an appeal arising out of order passed under Rule 58(3) or Rules 98 and 100 of Order 21 CPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 42, 50, 58, 69 -- Mandatory provisions of law as to search and seizure not adhered to - Accused acquitted - Strictures passed against police officials and their prosecution ordered for committing an offence u/s 58 r/w ss.166 and 167 IPC - State directed to pay compensation of Rs.1 lakh to accused giving..........
Limitation Act, 1963, Section 58 -- Suit for declaration - Limitation - Declaration sought that sale certificate issued by Executing Court is illegal, null and void - Limitation starts to run not from the date of issuance of sale certificate but from the date there was threat to the title of plaintiff...........
