Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31 -- Transfer of case - High Court has no jurisdiction to pass orders and give directions to Court Receiver for sale of property in public auction after establishment of DRT Act as proceedings are automatically transferred to DRT - Action of Court Receiver is void ab initio in law - Order of DRT..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 24, Limitation Act, 1963, Section 5 -- Limitation - Condonation of delay - Provision of S.5 of Limitation Act is applicable to provisions of DRT Act - DRT ought to examine S.5 while deciding question of condonation of delay - Orders of DRT and DRAT by dismissing application of respondent for..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of four years old child - Accused was a servant in complainant's house - He was arrested from the complainant's house - Merely because human semen was present on vaginal swab of child, it does not imply that rape was in all probability committed by accused as FSL has not examined the antigen found on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 173 -- Default bail - Non-presentation of challan/report u/s 173 Cr.P.C. - Recovery of contraband - As per evidence on record, period of 180 days already expired - Even, no application for extension of time has been moved by prosecution - Therefore, indefeasible..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - On direction of appellant tainted money handed over to A2 - No evidence that acceptance of bribe money through A2 was completed by accepting money from A2 and ultimately recovery was also effected from appellant by the usual practice of hand wash of appellant - No evidence as to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg of heroin - Joint offer made to appellants regarding option of being searched by a Magistrate or a Gazetted Officer, does not meet the parameters of S.50 of Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 1 kg of heroin - Secret information - Once SI himself was the informant/complainant, it was incumbent on superior officer to have marked the inquiry to another officer as being the complainant he should not have proceeded with the investigation of case as such it is fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 1 kg of heroin - Secret information - Written information not sent to SP Narcotics Bureau but only verbal message was sent - Mandatory provisions of S.42 of Act is thus violated - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of various articles - Recovered articles were sent to FSL but only human blood was detected - No distinct blood group could be traced out - It is the duty of prosecution to establish the blood group of deceased and accused and to prove that recovered articles contain the blood group of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in plaint - Amendment is based on document which were in knowledge of petitioner at the time of filing original suit for recovery of a specific amount - No reason as to what has transpired petitioner to claim additional amount - Suit is pending for seven years - No change of circumstances supporting the amendment in..........
