Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of money amounting to Nine lakhs - Ex parte decree set aside subject to payment of Rs.500/- costs - In general a money decree is not stayed unconditional and J.D. would be put on terms on the ground that such conditions must be reasonable with regard to all relevant factors..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366 -- Anticipatory bail - Kidnapping - Victim was 17-1/2 years old girl at the time of incident and is minor but she alleged that she had left her father's protection knowingly and having capacity to know the full import of what she was doing and that she voluntarily joined the accused - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg poppy husk - Bail - Contraband recovered is marginally higher than commercial quantity - Accused is behind the bars since 16.4.2023 - Trial of case has not commenced as none out of 13 PWs have been examined so far - Culpability if any would be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.6 Kg Opium - Bail - Quantity of contraband is marginally higher from commercial quantity - Accused is behind the bars since 16.7.2022 - Trial of case has not made any progress, as out of 10 PWs only 2 have been examined - Culpability if any would be..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of Kulhari from A-2 and lathi from A-1 not proved - Deceased sustained four injuries over his head - Allegations against A-4 that he inflicted injuries over head of deceased on more than two occasion - However, statement of eye witnesses does not inspire confidence in second trial against A-4 - Credibility of..........
Service -- Benefit of personal/promotional pay scale - Recovery of - Benefit of personal/promotional pay scale was granted only to Ayurvedic Medical Officers upon completing 8 and 14 years of service - Said order was contrary to order of Finance Department and therefore, rightly withdrawn - Personal time bound pay scale was granted to appellants, subject to condition that..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff purchased the suit properties by registered sale deed - He thus, categorically proved his case as regarding title of suit property - In so far as possession is concerned, though defendant was put in possession on basis of agreement of sell but since he failed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Long custody - Recovery of huge quantity of intoxicating tablets - Accused is in custody for more than 3 years and 4 months - 11 PWs out of 19 are yet to be examined - Trial has not even reached halfway mark - Bail granted to accused solely on..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kgs Ganja - Non-compliance of provision of S.50 of the Act - No effort was made by police personnel to produce the accused before any Gazetted Officer or Magistrate, as required u/s 50 of the Act - There is thus, non-compliance of mandatory provision of S.50 of the Act - Accused acquitted...........
