Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Contraband - Possession - `Possession' as construed from time to time, implies `dominion' and `consciousness' in the mind of the person having dominion over an object that he has it and that he can exercise it - 'Possession' must be conscious and intelligent possession and not merely the physical..........
Civil Procedure Code, 1908, Order 9, Rule 3, 8 -- O.9.R.3 and rule 8 operate in different fields - If suit is dismissed U.O.9.R.3 CPC plaintiff has two options to either apply for setting aside dismissal or in the alternative to file a fresh suit subject to law of limitation - However, when suit is dismissed U.9.R.8 CPC plaintiff has a liberty to apply for setting aside..........
Right to Information Act, 2005, Section 7, 8(1)(i), 15, 22 -- Census Act, 1948, S.15 - Information sought from Registrar General, Census Operations relating to religions of certain leaders mentioned in Census operation - Request rejected on the basis that information was protected and exempted u/S 8(1)(i) of the Act - Held, information qua religions professed or not..........
Right to Information Act, 2005, Section 8(1)(j), 6(3), 19 -- Appointment of certain Judges of Supreme Court - Person sought information contained in files including correspondence exchanged between concerned Constitutional Authorities including file notings, with regard to the appointment of Judges of Supreme Court and High Courts - Whether this information can be supplied..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Discretion is always vested in the Court irrespective of the fact whether there is an application for seeing leave or not - Court committed no illegality in allowing to bring on record the additional written statement and counter claim - No interference warranted - Petition dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 17 Kgs of opium - Appreciation of evidence - Two Independent witness resiled and other witnesses not willing to come forward to support the prosecution case - Even, evidence of official witnesses differed with each other on material particulars - Prosecution failed to prove its case -..........
Arbitration Act, 1940, Section 8(2) -- Arbitrator - Appointment by Court - Not challenged and allowed to attain finality - Order challenged after award made and award made a rule of Court - Rule of finality comes into play in regard to the order appointing arbitrator...........
Arbitration Act, 1940, Section 8(2), 14, 30, 33, 39 -- Arbitrator - Appointment by Court after adjudication that there was an arbitration agreement - Appointment of arbitrator not challenged - Award by arbitrator not a nullity...........
Civil Procedure Code, 1908, Section 2(8) -- Family court - Has all the trappings of a court and thus, is a court - Presiding Officer of the Family Court, perform all duties and functions which are akin to the functions being performed by the Presiding Officer of a civil or criminal court, though to a very limited extent - He is a Judge...........
Civil Procedure Code, 1908, Section 2(8) -- Judge - Determines dispute and pronounces what is law - Not a mere administrative officer but represent State to administer justice...........
