Jurisdiction -- Assessing Officer - Recovery Proceedings - Mere fact that appeal is pending before the commissioner of Income tax (Appeals) after the orders of Tribunal does not oust the jurisdiction of the Assessing Officer to initiate recovery proceedings on the basis of order passed by it - Such recovery proceedings shall be subject to final decision in appeal by..........
Stoppage of two annual increments -- Plea of violation of natural justice - Petitioner was issued complete charge sheet with statement of allegation which he apparently waived off by not responding to it - Enquiry was held in which the petitioner participated - A show cause notice was issued to petitioner proposing dismissal of service form corporation along with recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 52 -- Recovery of 34 kgs. Poppy husk - Inspector had neither produced accused nor case property before SHO at relevant time - Provision of S. 52 of NDPS not complied with - Benefit of faulty investigation would accrue in favour of accused - Accused entitled for acquittal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Recovery of 34 kgs. Poppy husk - Custody of case property - Inspector did not produce the case property before Judicial Malkhana instead kept in police Malkhana - No orders obtained from court for keeping case property in police station - Possibility of tampering with case property could not be ruled..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 313 -- Examination of witness - Opium - Recovery of 5 kgs. from scooter - Accused opted to be searched before the gazetted officer - Prosecution specifically asked accused to explain about conscious possession of contraband - It was on accused, from whose scooter the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 5 kgs. from scooter - Case property was produced before Illaqa Magistrate, who had appended accused signatures - Mere fact that by efflux of time, the gum or adhesive applied to chits had withered away will not go to the advantage of accused - Conviction of accused, proper...........
Criminal Procedure Code, 1973, Section 378, Arms Act, 1959, Section 25 -- Appeal Against acquittal - Possession of Pistol - Accused found in possession of pistol along with two live cartridges without any permit or license - Accused took plea that pistol belonged to his grandfather and was given to him to keep it in safe place - Statement of police that at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 36A -- Recovery of 5Kgs. Opium - Extension of time for presentation of challan - Applicability - Retrospectively or Prospectively - Prosecution should not suffer on account of delay on part of court to pass the order on the application for extension of time from the day 180 days were to expire - Held, An..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Motive not proved - Independent witnesses of recovery of knife declared hostile - No blood stains found on recovered knife - FSL found clothes of accused having blood stains of AB blood group but prosecution did not make any effort to rule out that blood group AB is not of accused -..........
Arms Act, 1959, Section 25 -- 12 bore country made pistol was recovered from possession of accused - Recovery is proved by the testimony of official witnesses - Pistol was also found in working condition - Accused rightly convicted...........
