Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Possession of leased premises handed over to plaintiff in view of subsequent development - Default if any stands purged, as possession has been already handed over - Suit is now only for recovery of amount of lease money - O.15.R.5 CPC is not longer applicable - Order of striking of defence set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of injections - Bail - Petitioner is in custody since 2018 - Only one witness has been examined out of total 13 witnesses cited by prosecution - Petitioner is on bail in another case registered under the Act - Trial of case is not likely to be concluded..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, 30 -- Murder of wife by husband - Gunshot injury - Testimony of children - Accused was habitual of drinking - He had an extra marital affair with one lady - Cause of tussle between accused and deceased was extra marital affair - Accused was in habit of verbally abusing and physically assaulting deceased -..........
Evidence Act, 1872, Section 27, Arms Act, 1959, Section 25 -- Disclosure statement - Recovery of weapon of offence - Offence u/s 25 of Arms Act - Place of recovery was assessable to everyone - No independent witness had been joined at the time of recovery as villagers has shown their inability - I.O had not given any notice to any of witnesses and no action was taken..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 21 -- Appeal - Pre-deposit - In all fifty per cent of decretal amount i.e. the debt due is to be deposited before DRAT as a mandatory requirement but in appropriate cases for reasons to be recorded the deposit of at least twenty five per cent of the debt due is permissible, but not entire waiver -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 37 -- Bail - Recovery of 290 gm smack - Accused has not been produced before Magistrate or Gazetted officer - None of police officer of raiding party who recovered alleged contraband from him were Gazetted Officer - They were not empowered to make search of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 7.79 gms heroin - Intermediate quantity recovered from accused which is very close to small quantity - Rigors of S.37 of NDPS Act not attracted in the case - Petitioner is involved in five FIRs registered against her under NDPS act, but..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Previous enmity between accused and deceased - Deceased assaulted accused by means of a knife on his stomach for which a criminal case was initiated and deceased was in custody for 2 years - On the night of occurrence, deceased came to house of accused and started a quarrel - As a result, accused..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 27, 29 -- Bail - Recovery of 1400 tables of Tramadol Hydrochloride - Petitioner driving a motorcycle and co-accused was a pillion rider - Contraband recovered from co-accused who held a bag containing contraband - Petitioner whether can be said to be in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 29.500 kg Ganja - Secret information - Secret information neither reduced into writing nor communicated to his immediate official superior - Such writing might have been in physical form or electronic mode, but nothing was brought on record that mandates of S.42 of the Act was complied - Charge..........
