Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Delay of 17 days in sending sample to FSL - Where the sample parcel remained intact and was not tampered with at all at any stage of proceedings, mere delay of 17 days in sending sample does not create any dent in prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 7.500 kg charas - Delay of 11 days in sending samples to FSL - No cross-examination of I.O which would enable him to explain the reason as to why samples were sent after such a delay - Moreover, samples along with seal were received in FSL in an intact condition and tested positive..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Delay of about two years in filing application - Defendant appeared in the case of his own and thereafter was proceeded ex parte - Held, application is barred by limitation and in the absence of any supporting application for seeking condonation of delay,..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3) -- Appeal - Condonation of delay - Power of Appellate Tribunal - Delay in filing an appeal u/s 18(1) of Act can be condoned by Appellate Tribunal u/s 20(3) of RDB Act R/W..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3) -- Appeal - Condonation of delay - Period of limitation for filing appeal u/s 18 of SARFAESI Act is 30 days as against 45 days u/s 20 of RDB Act - However, there is no express..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2) -- Appeal - Condonation of delay - S.29(2) of Limitation Act has no absolute application to SARFAESI Act as it impliedly excludes..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3), Limitation Act, 1963, Section 29(2) -- Appeal - Condonation of delay - Question as to whether Appellate Tribunal under SARFAESI Act was a Court for the purposes of S.29(2) of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Delay of 5 days in sending sample to FSL - Where the sample parcel remained intact and was not tampered with at all at any stage of proceedings, mere delay of 5 days in sending sample would not create any dent in prosecution case...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 470 -- Dishonour of cheque - Complaint represented beyond 30 days fixed by Supreme Court following decision of Supreme Court in Dashrath Rupsingh Rathod's case - Condonation of delay - Position as clarified in the N.I. Amendment Ordinance 2015 (No.6 of 2015), petitioners can be..........
Service -- Caste certificate - Validity - Member of scheduled tribe - Getting certificate on the basis of false statements and false affidavits - After 18 years of employment matter referred to Scrutiny Committee for verification - Tribe certificate issued in favour of brother of appellant was invalidated earlier by Committee which attained finality upto Supreme Court -..........
