Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 22 -- Recovery of contraband - Admission of accused during investigation - Accused retraced the same without any loss of time - Held, admission is not admissible...........
Weapon -- Country-made fire arm - Confusion in describing the same - Wit-nesses described it both as - pistol and gun - Held, that barrel of the fire arm not being of any standard size, there was confusion in describing the fire arm very accurately and that in view of clear evidence that the deceased was shot at by a country-made fire arm, there was no reason to entertain..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Previous suit for recovery of sale price - Suit dismissed - Subsequent suit for recovery of possession - Held, there is distinct cause of action in subsequent suit - Bar under O.2.R.2 not attracted...........
Civil Procedure Code, 1908, Section 11 -- Previous suit for recovery of sale price -Dismissed - Subsequent suit for possession - Finding in earlier suit that defen-dants were tenants of land in dispute - Failure of defendant to plead in the subsequent suit that they are tenants of land - They cannot invoke rule of res judicata on ground that in earlier suit they were found..........
Criminal trial -- Loaded pistol - Recovery from accused - Workability of pistol - Proof- Mere statement of the armourer that the pistol was in working condition not sufficient - Firing not necessary but the prosecution must prove that the armourer at least found that the pistol was operating by examining the trigger etc...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Previous suit for injunction dismissed on technical ground - Subsequent suit for declaration of title and recovery of possession - Not barred by res judicata - Suit is not even barred U.O.2.R.2 since cause of action in both suits was distinct...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Suit for recovery of possession and mesne profits against tenant - Plaintiff consistently taking stand that he acquired entire ownership of property - Except vague statement of defendant in written statement that there are other co-owners, there is no evidence to show as to who are the co-owners and what is the nature of their..........
Specific Relief Act, 1963, Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation is three years-Suit to be filed within three years of the date fixed for the performance or if no such date is fixed where plaintiff has notice that performance is refused-Notice indicating that vendor had cancelled the contract and forfeited the advance amount paid by..........
State Financial Corporations Act, 1951, Section 29 -- Debt - Recovery - Auction sale by Corporation of security valued over Rs.20 lacs for recovery of a very small amount of debt - Auction not proper - Sale set aside and Supreme Court gave direction for restoration of securities to debtor, refund of amount of solatium to auction purchaser and for payment of principal..........
Punjab Land Revenue Act, 1887, Section 75, 72 - - Building used for residence - Not exempt - Exemption only to properties specified under the Act - No provision in the Act corresponding to clause (ccc) (as applicable to Punjab and Haryana State) to proviso to sub-section (1) of Section 60 C. P. C. - Act a complete code providing modes and machinery for recovery of arrears..........
