Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- The provision of Section 52 are directory in nature and no, compliance thereof is not fatal to the prosecution case unless some prejudice is shown to have been caused to an accused - There is nothing in this provision making it obligatory upon an officer arresting a person to communicate the grounds of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Appeal against acquittal - No cogent and credible evidence to prove that the provisions of Section 50 of the Act had been complied with, and the alleged opium was recovered from the respondent - The prosecution failed to rule out the possibility of the sealed sample parcel not having been tampered with by..........
Indian Penal Code, 1860, Section 302 -- Accused inflicted blows with a Phali (spade like) on head of his wife who died on spot - PW2 hearing loud cry peeped through window and witnessed accused thrashing his wife with Phali - In examination u/s 313 Cr.P.C. accused admitted that he murdered his wife - This answer has to be taken into consideration in determining as to who..........
Land Acquisition Act, 1894, Section 6 -- Explanation I - Quashing of notification u/s 6 of the Act on ground that it was issued beyond one year from the date of publication of Section 4 notification - Appeal - Section 4 notification was 27th May, 1993 and Section 6 notification was 8th June, 1994 - Respondents had challenged Section 4 notification before High Court -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Object of Section 50 - To apprise the person to be searched that he had two legitimate options - (i) to be searched in the presence of a Magistrate, or - (ii) to be searched in the presence of a gazetted officer mentioned in Section 42 of the Act - In the present case option given only to be searched in..........
Civil Procedure Code, 1908, Section 10 -- Stay of earlier suit - Not permissible - For stay of suit - Only provision is Section 10 - Two conditions under Section 10 are : (i) parties to two suits are the same, and (ii) prayer is for stay of later suit - Plea that since case relates to partition of immovable property and partition of house cannot be conveniently made..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Rule 4 - - Does not in terms apply to service of notice issued by Appellate Authority - In absence of any other provision (regarding manner of service of notice issued by Appellate Authority) - Service of notice in the manner prescribed by Rule 4 - Can be treated as sufficient - Punjab Public Premises..........
Haryana Panchayati Raj Act, 1994, Section 10(3),2(xpl) -- No-confidence motion - Requirement of two - thirds majority - Seven members of Gram Panchayat, one Sarpanch and one Up-Sarpanch - Panch defined in Section 2(xpl) includes Up-Sarpanch - Number of Panches including Up-Sarpanch comes to eight - Five Panches out of eight do not constitute two - thirds majority -..........
Haryana Panchayati Raj Act, 1994, Section 10(4) -- No - confidence meeting - More than two years after requisition - Violation of provisions of sub-section (4) of Section 10 - Meeting should be convened within a period of 30 days from date of receipt of requisition...........
Haryana Panchayati Raj Act, 1994, Section 10(3) -- Provisions of Section 10 regarding removal of Up-Sarpanch - To be interpreted very strictly - Two - thirds majority - Fraction cannot be ignored - To be treated as one whole...........
