Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
Service -- Armed service - Dismissal - Appellant was commanding the force operating over a large area including where Jerry canes of controlled substances allegedly moved from Indian side to Pakistan side - However, actual manning of area is by subordinate personnel of force - Subordinate personnel have been adjudged guilty indicating their active involvement - No direct..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(C), 27(A), 29, 31(1), Criminal Procedure Code, 1973, Section 439 -- Recovery of 39.845 kgs Ganja - Bail - Accused has been in custody from 2021 and now more than two years have elapsed and trial has not yet started - He has no criminal antecedents - There is no possibility to complete trial..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Recovery of weapons of assault - Name of assailants of deceased not established in Court beyond a reasonable doubt - Conviction of accused cannot be based on only evidence of recovery of weapons of assault - Accused acquitted...........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4), Security Interest (Enforcement) Rules, 2002, Rule 9(5) -- Auction - Fails to pay amount of bid - Forfeiture of amount - Recovery of the amount - The appellant has come with the bona fide defence that he was never informed on the date when the auction was held or day thereafter that the..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Suit for recovery on basis of promissory note - Defendant denied his signatures on promissory note and took a plea that he had no acquaintance with plaintiff - Filing of application for expert opinion at belated stage is not a ground to dismiss the petition - Application allowed...........
Indian Penal Code, 1860, Section 392 -- Offence u/s 392 IPC - Case is not proved in terms of recovery of articles from accused - No such inventory has been made in pursuance of said complaint - Even, in complaint detailed particulars of articles are not indicated - Benefit of doubt thus, given to accused - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 76.700 gms Ganja - Finding source of Narcotic Drugs is an important investigate effort but failure to find out source of procurement by itself is of no consequence in a trial held against accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 76.700 gms Ganja - Recovery effected from luggage box of bus - PWs 1 and 2 were the drivers on the bus at the relevant time - They are strangers to accused and police and are neutral - Their position is equivalent to position of any of other passengers in the bus - Therefore,..........
