Customs Act, 1962, Section 25 -- Custom duty - Exemption - Import of chemical - Amended Notification permitting import of chemical without custom duty subject to certain terms and conditions issued in 1994 - However, entire consignment was imported under one advance licence issued to petitioner prior to 1992 - Fortuitous circumstance that part of consignment was actually..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Indian Penal Code, 1860, Section 420, 468, 471 -- Transportation of huge quantity of contraband - Order framing charges - Petitioner conspired in transporting huge quantity of Ketamine etc. along with other accused and sold the same by violating terms and conditions stated in license - He has not..........
Child custody -- Claimed by father - Child is less than 3 years old girl - She probably requires her mother more than her father - Parties resided in USA and mother of child brought minor to India in violation of orders of jurisdictional Court in USA, her custody of child cannot be said to be strictly legal - Other than age of child nothing is in favour of mother -..........
Labour law -- Provident Fund (PF) - Members of respondent-Union and other similarly situated contractual employees are entitled to benefit of PF under PF Trust Regulations or EPF Act - Since, PF Trust regulations are in force and are applicable to all employees of Company - It would be preferable to direct that members of respondent Union and other similarly situated..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 506(2) -- Anticipatory bail - Offence u/ss 504, 506(2) IPC - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail granted to accused with conditions - Despite order granting anticipatory bail, it would be open for..........
Indian Contract Act, 1872, Section 70 -- Provision of S.70 of Contract Act is attracted on satisfaction of certain conditions, viz. - (i) a person should lawfully do something for another person or deliver something to him; (ii) doing the said thing or delivering the said thing, he must not intend to act gratuitously; (iii) the other person for whom something is done or to..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3, 2(o), Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Rules, 1965, Rule 26E -- Petitioner sought permission for construction of four bedroom huts/cottages for visiting guests/dignitaries and not for creating third party rights - Permission granted to petitioner for..........
Examination -- Application for permission to take NCC `C' Certificate Examination was rejected - There is no denial of assertion that petitioner fulfills other eligibility conditions - Thus, all that is required to be seen in whether he fulfills the conditions prescribed in case break exceeds 18 months - As per Cl.(v) of Directive in case break exceeds 18 months a cadet..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37(1)(b) -- Bail - Offence u/s 22 of NDPS Act - Recovery of 51 strips of tramadol hydrochloride parvori, spas - Recovery of contraband made from co-accused - Whether petitioner was in conscious possession of contraband recovered from co-accused and the fact that he..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Opposed on the ground that if bail is granted, accused may flee from justice - The same can be met by putting accused to stringent conditions...........
