Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 35, 42, 50, 57 -- Recovery of contraband - Conviction - Validity - Accused persons travelling in auto rickshaw tried to flee on seeing police officials - After being searched they were found to be in possession of 750 ampules of Buprenorphine - Evidence of ASI corroborated by evidence of Excise Inspector..........
Transfer of Property Act, 1882, Section 54 -- Sale or loan transaction - Execution of sale deed - Non delivery of possession - Does not by itself, or cumulatively with the other factors pointed out by defendant, lead to the conclusion that transaction between parties was not a sale of the suit property, but was a mere loan transaction - So also the fact that the plaintiffs..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92 -- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92..........
Co-sharers -- Entitled to injunction against other co-sharer only when he is in exclusive possession - Failure to prove that there has been an arrangement between co-sharers on the basis of which there is claim of exclusive possession - Held, in the absence thereof, plaintiff cannot claim exclusive possession in order to seek a restraint order from the Court against..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9(1)(a)(vii) - - Contraband - Rules to regulate - Held, Central Govt. is authorized to make rules which may permit and regulate various activities such as cultivation, gathering, production, possession, sale, transport, inter state import or export of various substances like coca leaves, poppy straw, opium poppy..........
Indian Penal Code, 1860, Section 376, 363, 368 -- Kidnapping & Rape - Victim was kidnapped and was kept in the same village but no one came for help - It is not probable that a girl is kidnapped from the village and villagers will not come to rescue her - Accused persons were having gun and country made pistol but no such arms recovered from their possession - No..........
Land Acquisition Act, 1894, Section 11, 16 -- Acquisition of land - Landlord can maintain a suit for eviction of his tenant even after an award is passed in respect of tenanted property, when possession is not taken by land acquiring authority - In the absence of possession being taken by land acquiring authority, land owner is not divested of his right, title or interest..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Validity - Wife and her son, residing in flat which belonged to her husband, filed suit for decree of declaration that her husband had no right to obstruct user of flat - Later on, pursuant to direction of High Court possession of said flat handed over to husband and wife got her name deleted from suit -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Validity - Wife and her son, residing in flat which belonged to her husband, filed suit for decree of declaration that her husband had no right to obstruct user of flat - Later on, pursuant to direction of High Court possession of said flat handed over to husband and wife got her name deleted from suit -..........
Land Acquisition Act, 1894, Section 11, 16 -- Acquisition of land - Landlord can maintain a suit for eviction of his tenant even after an award is passed in respect of tenanted property, when possession is not taken by land acquiring authority - In the absence of possession being taken by land acquiring authority, land owner is not divested of his right, title or interest..........
