Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Every person detained under the provisions of the Act has a right to make a representation to the Central Government which is required to be considered and disposed of as expeditiously as possible...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Person detained has the right to make a representation not only to the officer who made the order of detention but as well as to the State Government and the Central Government who are competent to revoke the order of detention...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), Customs Act, 1962, Section 127B, 127J -- Preventive detention - Revocation of order - On ground that customs duty required to be paid by detenu before execution of detention order was paid by them - Petitioner and his brother alleged to be smuggling high quality and high value..........
Criminal Procedure Code, 1973, Section 167(5) -- Conclusion of investigation within 6 months from the date of arrest of accused - Accused arrested under S.12(1)(b) of Passport Act as he had gone to USA on a forged visa - Offence u/s 12(1)(b) of the Act is an offence triable as summons case i.e. offence punishable with imprisonment not exceeding two years - After arrest of..........
Adverse possession -- A person who claims adverse possession should show: (a) on what date he came into possession, (b) what was the nature of his possession, (c) whether the factum of possession was known to the other party, (d) how long his possession has continued, and (e) his possession was open and undisturbed - A person pleading adverse possession has no equities in..........
Civil Procedure Code, 1908, Section 151 -- Inherent power of Court - (a) The inherent power of a court is in addition to and complimentary to the powers expressly conferred under the Code; (b) The inherent power available under section 151, Civil Procedure Code is not controlled by any other provisions of the Civil Procedure Code; (c) The inherent powers cannot be invoked..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Occurrence took place on 26.8.2004 at 4 p.m. - Informant was away and received information from his brother that his son is murdered and returned home at 8 p.m. - It was rainy season and flood in the area - IO reached the place of occurrence on the night of 26/27 at about 1.30 a.m. and recorded Fard-e-bayan -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 360 -- Murder - Death sentence - Can be awarded when collective conscience of community is shocked viz. (1) When the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community; (2) When the..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Non-supply of documents relied upon in the grounds of detention - Vitiates the detention order...........
Indian Penal Code, 1860, Section 399, 402, 120B -- Hatching conspiracy to commit dacoities and road robberies - Police received secret information that 8 to 10 persons of young age from different districts had gathered at a house and conspired to commit dacoities and road robberies - Appellant apprehended along with said persons by raiding party - Weapons seized - Appeal..........