Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - Prosecution permitted to keep the seized materials within the police station, to be produced at a later point of time by trial Court - This itself is a sufficient indication that the mandate of S.52-A of the Act has not been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - No explanation either for non-production of seized materials or the manner in which they are disposed of - No order passed by Magistrate allowing the application, if any, filed u/s 52-A of the Act - Executive Magistrate has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 15(c) -- Recovery of poppy straw - Search and seizure - PW5 who was a police officer himself had deposed on the existence of very same seized materials even before the occurrence - This testimony which destroys the very basis of prosecution case has not even been challenged - There is thus, serious doubt..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Both the parties have failed to produce any material on record in support of their claim - Defence set up by defendant in his objection is triable issue which entitles defendant to unconditional leave to contest the suit as contemplated U.O.37.R.3(5) CPC - Unconditional leave..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Recovery suit against principal debtors and guarantors - Liabilities sought to be enforced joint and several - Death of guarantors - Even if suit stands abated against guarantors still then plaintiff's cause of action as against principal debtors survives - Suit does not abate...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff admitted that property for which application for injunction was filed was in possession of defendants for which plaintiff had filed a suit for recovery of possession - If injunction is granted in favour of plaintiff, it is not plaintiff who will suffer irreparable loss or damage but it is..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of Khanjar (knife) - Recovery was denied by accused and there was no serologist report to connect it with the crime - Moreover, High Court on strength of circumstances appearing in the evidence, doubted date of arrest and upon consideration of circumstances, accepted possibility of arrest..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Mere recovery of tainted money without proof of demand will not render accused guilty of offence u/ss 7, 13(1)(d) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded and accepted Rs.1000 from PW3 and gave one note of Rs.100 to A-2 - Having accepted the recovery of tainted money from possession of A-1, his theory of forcible implanting does not carry any merit for consideration, particularly when PWs prove the..........
