Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Eviction of daughter-in-law from suit property - Relationship between husband and his parents are not acrimonious - Daughter-in-law was clearly living with her i, laws and her husband till disputes arose between her and her husband - Relationship between parties is not congenial - Daughter-in-law residing in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 271 gms intoxicating powder - Search and seizure - Non-compliance of S.50 of the Act - Recovery effected from personal search of accused - Arresting Officer however, failed to apprise accused of his legal right to be searched before a Gazetted Officer or Magistrate - There is thus, no,..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Removal of construction raised by defendant in Gali in question - Gali exists in between houses of parties - Defendants not contended that Gali is under their exclusive ownership and/or possession, rather they have denied very existence of same - Since defendants admitted construction having..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms charas - Recovery effected from physical possession of accused - However, no offer of search before Magistrate or a Gazetted Officer was given to accused - Mandatory provision of S.50 of the Act violated - Accused acquitted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A -- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the past six years -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Delhi High Court (Original Side Rules), 2018, Chapter VII, R.5 - Replication and affidavit of admission/denial of documents - Time period for filing same - Period of 30 plus extended period of 15 days are mandatory for plaintiff to file replication along with admission/denial of documents - If same are not filed within time..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Eviction - Non-deposit of arrears of rent - Protection against eviction - Deposit of rent along with an application for determination of dispute is a pre-condition to avoid eviction on ground of no, payment of arrears of rent, as provisions of S.7(2) of the Act are mandatory and..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Objections - Dismissal of application - On the ground of non-compliance of S.34(5) of the Act - S.34(5) of the Act is a procedural provision and that compliance of the same is not mandatory - Order of dismissal set aside - Directions issued...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 20 gms charas - Personal search - Non-compliance of S.50 of the Act - Police did not inform accused of his right to be searched before a Gazetted Officer or Magistrate - There is thus, no, compliance of mandatory provisions of S.50 of the Act - Accused acquitted...........
