Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Non-compliance of mandatory provision of S.50 of the Act - Notice u/s 50 of the Act was not given to accused - Mandatory provision of S.50 the Act held, not complied with...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Two elements to grant relief of mandatory injunction are : (i) necessity to prevent breach of an obligation by the intervention of the court and (ii) that such acts should be of that nature capable of enforcement by the court - Another crucial ingredient is that it should be `amenable for exercise of judicial..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - In the matter of a decree of eviction or a decree of recovery of possession, there is no scope for exercising judicial discretion - It is thus, not permissible to substitute relief of mandatory injunction in place of eviction or recovery of possession...........
Competitive examination -- Posts of Civil Judge - Main written examination - Prohibition of using a pencil in paper for any purpose - Respondent underlined answer sheet with pencil at several places in Law Paper-I - Paper declared invalid in view of violation of instructions issued by Commission which are mandatory, having force of law and they have to be strictly complied..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 18 kg Ganja - Secret information though reduced into writing but same was not sent to two superior officers as per S.42(2) of the Act - Mandatory provision of S.42(2) of the Act not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of 18 kg Ganja - No Malkhana register produced to substantiate seized ganja was deposited in Malkhana - Though ganja was produced in Court but none of packet is found sealed - More so, though with regard to bag an explanation is given that it is destroyed by rat but did not have reference of..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit a minimum of 20% of the fine/compensation - Provision is mandatory and not discretionary - Use of word `may' can only be taken to have the colour and meaning of `shall' and there is no scope for exercise of discretion...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 46 kgs Ganja (cannabis) - I.O. made arrest or seizure but failed to make a full report of the same to his immediate superior officer within 48 hours - There is thus, no, compliance of S.57 of the Act - Even though S.57 of the Act is not mandatory but official conducting search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 46 kgs Ganja (cannabis) - Search conducted at a public place which is open to general public - Compliance of S.42 of the Act not necessary - However, when prosecution comes up with compliance of a provision on which there is diametrically opposite statement of a witness and it also runs..........
