Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 4 kg. opium - Fair investigation - It is very foundation of fair trial - It postulates that informant and investigator must not be the same person - Justice must not only be done, but must appear to be done also - Any possibility of bias or a predetermined conclusion has to be excluded -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54 -- Contraband - Prosecution case cannot rest on preponderance of probabilities - Prosecution is required to establish a prima facie case beyond reasonable doubt after investigation, only after which burden of proof shifts to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54 -- Contraband - Prosecution to establish a prima facie case beyond reasonable doubt - Obligation of proof beyond reasonable doubt takes within its ambit a fair investigation, in absence of which there can be no fair trial - If investigation itself is unfair, to require the accused to demonstrate..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale - Plaintiffs not whispered anything about loan transaction or mortgage of property - Parents of plaintiffs executed sale deed in 1978 and plaintiffs filed a suit in the year 2006 and they did not enforce any condition upon which plaintiffs strongly rely for atleast 14 years during..........
Transfer of Property Act, 1882, Section 54, 55(4)(b), 8 -- Registered sale deed - Setting aside - Sale consideration paid through cheque which was duly encashed and the amount was credited in the accounts of vendors - Amount remained in the account of vendors for nine months - After nine months CBI stopped the bank of vendors from disbursing the said amount deposited by..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non party of sale deed is not bound by contents of said instrument...........
Civil Procedure Code, 1908, Order 38, Rule 11, 11A, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Property attached before judgment and a decree subsequently passed in favour of plaintiff - It shall not be necessary upon an applicant for execution of such decree to apply for re-attachment of property, as said order of attachment before..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Cancellation - Registering authority, or any authority invoking administrative power, has no power to cancel the sale deed once registered even if allegation of impersonation/fraud is alleged...........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49 -- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before..........
Transfer of Property Act, 1882, Section 54 -- Sale - Whatever interest a person is possessed of in any tangible property, he can transfer only that interest to the other person and no other interest, which he himself does not possess in the tangible property...........
