Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of Ganja - Accused acquitted - Investigating officer does not know as to how many days case property remained in Malkhana and also did not know as to whether superior officer was informed about incident or not - He also did not know as to how many days case property remained in Malkhana -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 2(xviii) -- Recovery of 220 Kgs. poppy straw from truck driven by accused - FSL report - It is not necessary for Chemical Examiner to give percentage of morphine being more than 0.2% in poppy straw - Contraband recovered from possession of accused was product of papaver somniferum-L thus it is not necessary..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 200 Kgs. poppy straw from truck driven by accused - Commercial quantity - Secret information - Prosecution has duly proved that samples analyzed by Chemical Examiner were the same, which were drawn from the recovered contraband and the seals were found intact - Official witnesses have given..........
Civil Procedure Code, 1908, Section 34 -- Payment of Interest - Loan - Compromise arrived at between parties before Lok Adalat - Petitioner moved an application before Debt Recovery Tribunal for claiming an interest as the amount not paid as per compromise and reduction of time period for payment from 18 months to 12 months - Held, repayment was not made as per compromise..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Corruption case - Conviction - Validity - Accused alleged to have demanded Rs.58,000/- as bribe from complainant - Material contradictions, additions or omissions in depositions made by witnesses in Court - Investigating Officer did not take into possession handkerchief used by appellant for wiping his hands after..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Poppy husk - Recovery of 10 bags each containing 35 Kgs. - Secret information that accused are habitual sellers of poppy husk - None of the accused was present at the spot - Recovery was made from an abandoned place - Co-accused already granted concession..........
Partnership Act, 1932, Section 69(2) -- Partnership - Suit for recovery of amount filed by an unregistered firm - Held, subsequent registration of partnership firm cannot cure the defect of filing the suit in the name of an unregistered firm - Suit filed on behalf of unregistered firm not maintainable...........
Transfer of Property Act, 1882, Section 106, Arbitration and Conciliation Act, 1996, Section 8 -- Expiry of lease period - Arbitration clause does not survive - Determination of lease on expiry of lease agreement - Suit for possession and damages on account of use & occupation - Subsistence of a lease under a lease deed would only be up to the period specified there in and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 61 -- Recovery of charas - Conscious possession - Two accused persons occupying seats Nos.32 & 34 of bus and in between them on seat No.33 bag containing charas weighing 4kg. 847 gms was lying on upper side - Bag was not found in possession of either of accused - No evidence that bag was hidden by any of..........
