Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 27A, 85 -- Anticipatory bail granted by High Court - Contraband - Plea of State that accused is a habitual offender - High Court fell in error in granting anticipatory bail to respondents - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question, which is not claimed by any other person - No order of confiscation is passed u/s 60 of NDPS Act - Vehicle seized ordered to be released in favour of petitioner being registered owner of vehicle on supurdginama...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner though is a registered owner of vehicle but he failed to pay the loan taken for purchase of vehicle - As a consequence vehicle was put to auction and was purchased by respondent through auction after completing due formalities and making all outstanding due amount towards loan of vehicle -..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Negative final report was not accepted by Court below - Suspicion against accused exists - Court below passed detailed, speaking and well reasoned decision of taking cognizance against accused - No case is made out for interference in said order o taking cognizance...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amounts to `decree' - It is appeal and not writ petition under Art.227 Constitution of India which is maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 Tramadol table weighing 20 kgs. - Bail - NCB specifically stated that it was disclosures made by accused that had led NCB team to arrive at and raid godown of co-accused, which resulted in recovery of large haul of different psychotropic..........
Civil Procedure Code, 1908, Section 114 -- Review - Dismissal of appeal against compromise decree - Whether petitioners have a right U.O.43.R.1-A(2) CPC to prefer an appeal against decree of compromise requires elaborate hearing and has effect of rehearing the matter as to maintainability of appeal - There is no error apparent on the face of record in impugned order -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit property and from creating third party rights - While deciding application observation made on merits of suit - Virtually it is final adjudication of matter - Impugned order quashed and set aside - Trial Court to decide suit itself within a period of one..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Impleadment of third party on the ground that third party may have some material which would assist Court to arrive at correct determination of lis is impermissible in law - Such a person may be material witness, he certainly is neither a necessary nor a proper..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Appellant has no means to pay Court fee - Property owned by appellant forms basis of two different suits in which decree is passed against him - It was required on the part of Court concerned to conclude about inability to pay Court fee - However, no enquiry as such vis-a-vis paying capacity of..........
