Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Chance recovery - Police on patrol duty - There was no previous information or personal knowledge - Recovery from a public place - Held, it is S.43 which is applicable and not S.42 of the Act...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34,17, Civil Procedure Code, 1908, Section 9 -- Bar of jurisdiction - Proceedings initiated u/s 13 of the Act for recovery of secured debt - Suit for injunction filed by tenant - Held words 'any person' found in S.17 of the Act means not only a borrower, but a..........
Limitation Act, 1963, Article 1 -- Credit facilities - Mutual current account - Appellant bank filed a suit for recovery against respondents for credit facilities granted - Suit filed by appellant bank is one on the basis of running account - Limitation when starts? - Held, in terms of Art.1 of the Limitation Act, when a mutual open current account is maintained,..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Demand by one and recovery from another - Demand of Rs.300/- for reducing the electricity bill - During raid accused asked the complainant to hand over the bribe money to co-accused - Tainted currency notes recovered from co-accused - Both the accused held guilty and convicted - Further held, that invariably corrupt..........
Agreement to sell -- Specific performance - Ready and willing - Except mathematical pleading and evidence that plaintiff was always ready and willing to perform his part of the contract there was no cogent and reliable evidence - Plaintiff was always insisting for measurement of land which was not condition precedent for executing sale deed - Held, plaintiff not entitled..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 2 bags each containing 3 kg. of opium from the accused which they buried in their fields - Mother of accused had license to grow opium - No evidence that recovered opium had been declared or accounted before the Lambardar - No independent witness supported prosecution case but evidence of..........
Indian Penal Code, 1860, Section 395, 397, 412, Arms Act, 1959, Section 25, 27 -- Dacoity - Accused allegedly stopped trucks and other vehicles by blocking road and then forcibly demanded money at pistol point - None of prosecution witnesses could identify accused except one, as they had muffled faces - Even evidence of lone witness not worthy of credence and recovery of..........
Suit for rendition of accounts -- Simple suit for rendition of accounts without seeking recovery of amount, if any, due from the defendant - Held, without seeking recovery of due amount, simple suit for rendition of accounts is not maintainabl...........
Recovery Suit -- Plaintiff had filed suit for recovery basing his claim on pronote and receipt - Due execution of pronote and receipt proved - Mere denial of execution of pronote and receipt by defendant was not sufficient - - Defendant failed to establish that pronote and receipt were result of forgery and fraud - Suit rightly decreed by Courts below - Appeal dismissed...........
Indian Penal Code, 1860, Section 366,376 -- Abduction and rape - Proof of - Victim was a consenting party to entire fact of roaming - Medical report does not support charge of rape - Allegation that her ornaments were sold by appellant is not substantiated by any evidence at all - No recovery has been made from possession of appellant nor victim could divulge any place or..........
