Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - No bar u/s 22 of the Act to claim refund of earnest money paid by a party who is not at fault for failure of transaction ...........
Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - Execution of agreement to sell is admitted by defendant - Defendant admitted that he was not owner of suit property at the time of execution of agreement and neither had he become owner thereof at the time of stipulated date for registration and execution of sale deed -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 60 kg ganja - Independent witnesses turned hostile - Case is based only on evidence of I.O and other police witnesses - Material contradictions in statements of police witnesses and I.O - Dates are also wrongly mentioned in some of relevant documents - In the Malkhana register also..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action for filing suit for permanent injunction against encashment of bank guarantees was distinct than subsequent suit for recovery after alleged wrongful encashment of such bank guarantees - Cause of action in both the suits are different and suit for recovery could be filed only after..........
Suit for Recovery - - Parties are partners in the firm - Plaintiff obtained signatures of defendant on pretext of procuring loan,and he in good faith signed those papers - Plaintiff misused those documents and fabricated the pronote and also receipt - Witness admitted their signatures on pronote and receipt - Plaintiff failed to lead any evidence to prove passing of..........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Recovery of `Gudri' (mattress) - Mattress seized from house of accused though having semen stains but it did not have vaginal smear - Recovery of Mattress may raise some sort of suspicion in the mind of Court but having regard to other material on record moreso..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 439, Criminal Procedure Code, 1973 -- Bail - Recovery of 76 kg poppy husk - Seizure officer first took 500 gms of poppy husk from each bag, then he mixed the same and thereafter took samples from that mixture - He thus, did not collect separate samples from each bag - Even, test by U.N. Kit was also not..........
Arms Act, 1959, Section 25(1b), 26, 35 -- Offence u/ss 25(1-b), 26, 35 of Arms Act - Petitioner along with two others caught by public after having shot a person - However, no recovery of firearm or ammunition effected from petitioner and that he was caught outside vehicle - No evidence that petitioner was aware of the fact that firearm were carried by co-accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 20 gms charas from pocket of shirt which accused was wearing at the time of search - It was a personal search - Compliance of S.50 of the Act was necessary...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 20 gms charas - Personal search - Non-compliance of S.50 of the Act - Police did not inform accused of his right to be searched before a Gazetted Officer or Magistrate - There is thus, no, compliance of mandatory provisions of S.50 of the Act - Accused acquitted...........
