Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Prima facie there is no substantial material available with prosecution at the time of arrest to connect accused with allegations levelled against them in drug trafficking except..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Specific allegations were leveled against A-2 regarding recovery of substantial commercial quantities of drugs from a rented accommodation occupied by him pursuant to which he was..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Defendants availed at least three effective opportunities to file written statement so as to contest the suit - However, said opportunities were not availed by defendants - Difficult in getting records and translating them in Court language, would..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle alleged to be used in committing offence of NDPS Act cannot be denied on the ground of severity of offence - It also cannot be denied on the ground that it is liable to..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Release of seized vehicle - Vehicle involved in NDPS case - Vehicle in question was found in possession of petitioner - There is no reason to deny interim custody of vehicle to owner or person entitled to get possession of vehicle - If vehicle is allowed..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of period of limitation for filing written statement - High Court has not committed any error in extending period of limitation in filing written statement, as period of limitation which could have been extended and/or condoned by Tribunal/Court is excluded and/or extended up to 7.10.2021 as per..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for mandatory injunction filed by tenant that he be permitted to carry out repairs to the dilapidated portion - Counter claim by landlord seeking vacation of premises on the ground of bona fide necessity - Counter claim filed after a gap of 13 years of institution of suit - Delay in seeking counter claim..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Period upto which delay could be condoned was 120 days and not beyond that - Filing of written statement by defendant after 128 days, held not accepted - Order permitting defendant to file written statement quashed and set aside...........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - Joint complaint and complaint filed in a representative capacity - Where there are only "a few consumers" and not "numerous consumers" having same interest, they can join together and file a joint complaint - A joint complaint stands in contrast to a..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - `Sameness of interest' is pre-requisite for an application U.O.1.R.8 CPC r/w S.35(1)(c) of Consumer Protection Act, 2019 - It is necessary for respondents to include in consumer complaint sufficient averments that would show sameness of interest...........
