Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A -- Powers of Special Court - Restrictions contained in S.37 of the Act were meant to be applicable to Courts other than Constitutional Courts - However, in view of provision contained in S.36-A (3) of NDPS Act, those restrictions do not apply to Constitutional Courts...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Application u/s 482 Cr.P.C - Maintainability - Where statutory remedy of appeal u/s 14-A of SC/ST Act is available, inherent powers of Court u/s 482 Cr.P.C cannot be invoked - Application dismissed...........
Indian Penal Code, 1860, Section 458, 342, 380 -- Offence u/ss 458, 342, 380 IPC - Temple properties were seized from accused in the presence of PW5 - No explanation or any reason was given by accused for having possession of temple properties - Accused rightly convicted - However, trial Court without supporting any evidence and materials relied upon pending cases against..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution on the basis of charge decree - O.21.R.58 CPC can be invoked by third party only in a situation where there is an attachment of property by Court in execution of a decree...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Dismissal of suit for default - Plaintiff remained absent on five consecutive dates which shows that plaintiff was no longer interested to pursue the suit filed against defendant - Defendant also never entered appearance despite receiving notice from Court - Suit rightly dismissed for non-appearance of parties...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Compromise can only be questioned before Court which has passed the compromise decree and fresh suit for setting aside compromise decree is clearly barred in view of provisions contained U.O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application rejected by trial Court on the ground that no reason has been given as to why documents could not be produced earlier at the time of filling of suit - Trial Court is proceeding in a totally unjustified and hasty manner without making any real effort to afford due opportunities to parties..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Such an inference, while not conclusive, strengthens the Court's ability to arrive at a just decision based on the available evidence and best interest of children...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to wife and children - Dispute as to paternity of children - DNA test - Husband refused to go for DNA test - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Husband cannot deny paternity of children when he refuses to..........
