Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Court granted bail on the ground (i) that nothing has been found from the possession of the accused; (ii) accused is in jail for the last three years and (iii) there is no chance of his appeal being heard within a period of seven years - Bail granted on such grounds is not..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court granting bail by a cryptic order showing complete non application of mind - Not sustainable...........
Negotiable Instruments Act, 1881, Section 131, 131A -- Honour of tainted demand drafts - Liability of bank - Current account of STC was opened on 03.11.1976 with an initial deposit of Rs.100/- - Tainted demand drafts were presented through said account on 03.11.1976 and 04.11.1976 - Amounts thereunder were withdrawn on 08.11.1976 - Held, proximity of opening of account,..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3(3)(a)(iv) -- Internal community charges - Demand of - Appeal against - Grant of licenses for setting up colonies - Issuance of letter by authority informing that licence would be renewed only after deposit of external development and internal community charges - Licensee was required to construct..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Suit for recovery - Pleading - Relief - Plea of appellant as to maintainability of suit in name of plaintiff/company - Said issue not raised even before appellate Court - Therefore, said substantial question of law does not arise in this appeal - Appeal dismissed...........
Hindu Marriage Act, 1955, Section 13, 24 -- Non payment of maintenance during pendency of appeal filed by wife against decree of divorce granted by trial Court in favour of husband - Maintenance not paid despite specific direction of High Court - Defence of husband struck off - As a consequence thereof divorce petition filed by husband is deemed to have been dismissed...........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Conviction of eight accused by trial Court - Four acquitted by High Court - One accused filed appeal thereagainst - Testimony of eye witnesses was neither embellished nor embroidered - No reason as to why they will falsely depose against the appellant - Motive was there to commit murder of deceased as accused were..........
Education -- Diploma in Multimedia course - Completion of course and Diploma Course Certificate provided - Grievance that no job provided - Held that until there is a written assurance given by the Institute for placement and for providing the job, job is never assured - Job depends upon the merit of the candidate - Appeal liable to be dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery of - Appeal against acquittal - Sample alleged to be put in a tin box whereas FSL report that it was sealed cloth parcels - Sample taken 20 grams whereas sample received by FSL was 21.5 grams - Seal of `HS' also affixed on sample and residue but there was no such seal on case property..........
Indian Penal Code, 1860, Section 149, 302, 304 -- Plea of parity - Accused A1 armed with aruval - Accused A2, A4, A5 & A6 were also armed with aruval, A7 with knife and A3 with iron rod - Accused A1 had given a fatal blow on the neck of deceased with aruval and injury caused by such act proved fatal - Therefore principle of parity does not apply - Remaining accused rightly..........
