Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Reduction of sentence - Keeping in view the fact that accused is a poor person and a first offender and he also has to support his family, his sentence reduced from 12 years to 10 years - However, amount of fine of Rs.1 lac is maintained with default sentence of 2..........
Service -- Dismissal - Personal gain - Respondent/bus conductor carrying 25 passengers without ticket - Conduct of respondent clearly shows factum of personal gain - Non-recovery of amount does not mean that there was no personal gain to respondent or concealing of corruption for personal gains by lodging a report with police regarding misplacing of waybill by respondent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.9 kgs charas - Reduction of sentence - Accused cannot be said to be man of means - Nor accused is a kingpin regularly indulging in the trade of manufacture, supply or sale of narcotic substance - It is his first offence - Sentence of R.I of 12 years reduced to 10 years, being a minimum..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Rule 22, 15, 23 -- Cultivation of opium with licence - Confiscation of adulterated Opium and recovery of amount due - Appeal - Respondents failed to produce any document to establish that sample was taken in presence of cultivator and Lambardar and was kept separately in the container for chemical examination - Seal was..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Merely on the basis of recovery of phenolphthalein tainted currency alone, accused cannot be found guilty - Evidence of PW7 DSP is only regarding recovery of currency from the consulting room of doctor - Such evidence would have only supportive value - There must be some direct and..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque dishonoured issued in terms of settlement in Lok Adalat - Decree Holder need not to be driven to Court for filing a civil or criminal proceedings for the recovery of the amount covered by the cheque - Decree holder is entitled to get the decree for said amount with interest and costs,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Suit for mere declaration that plaintiff is entitled for certain amount of compensation, damages, solatium and interest without seeking relief of recovery of such amount from defendant, is not maintainable...........
Indian Penal Code, 1860, Section 364A, 302, 34, 120B, 201 -- Kidnapping for ransom - Murder - Common intention - In furtherance of common intention, accused No.1 persuaded PW8 to pay the ransom amount even before there was such demand from accused Nos.3 & 5 - Courts below rightly held that accused No.1 had the common intention of kidnapping and committing murder of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has nothing to do with criminal..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for recovery of damages ought not to..........
