Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 150 kg Ganja - Accused was not arrested on the spot but he was named by driver of vehicle from where recovery was effected - Presence of accused at spot or false implication are disputed questions of fact - Co-accused who alleged to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 330 kg Ganja Patti - Conscious possession of contraband viz-a-viz title of land from where it was recovered would remain debatable - It would also be debatable as to whether recovery of Ganja would fall at par with Charas - Trial of case may..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 519 gms hashish - Prosecution collected enough material to link accused with trafficking of narcotics - No substantial probable cause for believing that accused is not guilty of offence charged - It would not be possible to..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Inter related or inter connected issues - Court can decide issues which are inter related or inter connected taking them together in composite discussion...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 165 gms charas and four bottles of liquor - Petitioner is only a drug addict and not a drug peddler - He is permanent resident of the place and neither in a position to tamper with prosecution evidence nor in a position to flee from justice -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii), 20(b)(ii)(c), 29, Criminal Procedure Code, 1973, Section 439 -- Post arrest bail - Recovery of hashish oil - Single Judge failed to record a finding mandated u/s 37 of NDPS Act, which is sine qua non for granting bail to accused under NDPS Act - High Court completely overlooked the underlying..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 50 -- Bail - Recovery of 18 kg 490.3 gms Ganja - Non-commercial quantity - Mandatory provision of S.50 of NDPS Act not complied with - Trial of case would apparently take time - Contraband found is less than commercial quantity as prescribed in terms of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Summons issued once but not received back - Summons not sent by registered post despite such a direction - No attempt made to serve summons on defendant and defendant did not avoid service of summons - Defendant not..........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 20, 28 -- Execution - Decree for specific performance - One months time granted to execute registered sale deed - Appeal filed against decree - No specific time fixed by court for performance of contract - It has to be reasonably presumed that within three years from the date of non performance, the..........
