Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - Detecting officer had drawn the sample at the scene of occurrence and he did not forward the contraband substance as provided u/s 52-A of the Act - Remaining quantity of contraband seized from possession of accused was not forwarded to..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 3, Rule 2 -- Permission sought to lead evidence through husband and special power of attorney - Assessment of evidence cannot be done at the stage of consideration of application filed U.O.3.R.2 CPC - It is only after the evidence is led and witness is cross examined that Court has to assess whether the person, who has deposed..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - Jurisdiction of Court - Vehicle involved in NDPS case - Application for interim custody of vehicle rejected on the ground that Magistrate has no jurisdiction since the vehicle was seized u/s 52 of NDPS Act - However, jurisdiction of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101 -- Appeal - Order passed by Child Welfare Committee - Appeal shall lie to children Court against all orders passed by Child Welfare Committee except where order has been passed relating to foster care or sponsorship foster care...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Burden of proof - Title of plaintiff is proved on record by plaintiff - High Court referred to multiple piece of evidence, orders and documents and string them together to come to a clear conclusion that title subsists in plaintiff - High Court did not solely rely on lack of..........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Violation of status quo order - Vacating of stay order in appeal by High Court in exercise of contempt jurisdiction did not assume either a restitutive or a remedying character - Therefore, vacation of stay order did not have effect of restoring the parties to their original position or deny contemnor the..........
Rent and Eviction -- Demolition notice of Municipal Council - Court in eviction proceedings u/s 16(1)(k) of Maharashtra Rent Control Act has very limited role in determining as to whether demolition is really necessary or not - But it does not automatically follow therefrom that Court would mechanically adopt the view of municipal authority of there being urgent need of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Actual date of birth of juvenile was 5.7.2000 as shown in date of birth registered in a school where he had studied initially - Even, said calculation of age matches with radiological age - Mechanical approach to deduct two straight years from radiological opinion..........
