Limitation Act, 1963, Article 65 -- Limitation - Suit for recovery of possession - Defendant contended that suit for possession of property should be filed within 12 years - However, there is no plea of adverse possession at all raised by defendant - It is incumbent on the part of defendant to plead when possession started becoming adverse - On the contrary defendant..........
Service -- Extension of age of retirement - Retirement age was extended vide G.Os prospectively - Insistence on the part of appellants that these GOs ought to be given retrospective effect even though there was no clause to that effect inserted therein cannot be countenanced - This is an exercise that is undertaken by State in discharge of its public duties and should not..........
Evidence Act, 1872, Section 3 -- Evidence - Any omission on the part of I.O cannot go against prosecution case if it is otherwise supported by reliable and credible evidence...........
Indian Penal Code, 1860, Section 307, 332 -- Attempt to murder - Accused tried to assault complainant with gupti that too on his head, proved on record - Though complainant received injury on his right shoulder while avoiding blow on his head from blunt part of Gupti, such an overt act on part of accused would be covered u/s 307 IPC - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased stopped accused side from digging the foundation - Allegation against accused is of causing injury on the face of deceased - Role of accused is akin to that of other co-accused - Conviction of accused altered from S.302 IPC to S.304(Part II)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is more of clarificatory nature which shall enable the Court to further pin-pointedly consider the dispute and would also aid in rendering a more satisfactory decision without changing the nature of suit - No malafide can be spelt out on the part of plaintiff while moving an..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs were ready and willing to perform their part of the contract and they have proved the same satisfactorily - Held, plaintiff are entitled to the relief of specific performance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 15 -- Contraband - Criminal conspiracy - Once there is absence of material on record regarding meetings or minds with accused `S', who was driving the truck from where the contraband articles have been recovered, accused `J' cannot be convicted u/s 29 of the Act and eventually fasten with the conviction of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of provision of S.52-A of the Act - Samples were not drawn in the presence of Magistrate - There is thus, lapse on the part of I.O to comply with provisions of S.52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Personal search of accused was also conducted along with recovery of poppy husk from the truck - It is thus, obligatory on the part of I.O to produce accused before nearest Magistrate - There is thus, non-compliance of S.50 of the Act - Accused acquitted...........
