Criminal Procedure Code, 1973, Section 340 -- 'Court' - Means the Court which initiates the proceeding under this Section and the offence must have been committed in a proceeding in that Court or in relation to such proceeding...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Petitioner and co-accused found in possession of 72 kgs of poppy husk - At best it could be said that the petitioner was in possession of 36 kgs. of poppy husk - Same below commercial quantity - Bail allowed...........
Criminal Procedure Code, 1973, Section 109 -- Concealment of one's presence when he has reason to believe that he is doing so with a view to commit a cognizable offence would attract proceedings under the Section - Entrustment of property and disposal of the same in violation of any direction of law is sufficient to complete the offence...........
Limitation Act, 1963, Section 18 -- Admission of facts of which liability in question a necessary consequence - Acknowledgement within meaning of Section 18 - Not necessary that there should be a specific and direct acknowledgement of a particular liability - Admission by defendant (mortgagee) in written statement - Can be taken as sufficient acknowledgement of additional..........
Punjab Redemption of Mortgages Act, 1913, Section 4, 9, 10, 12, Limitation Act, 1963, Section 14 -- Redemption proceedings before Collector - Civil proceedings - Collector deemed to be a Court - Period of limitation to be computed from the date plaintiff filed petition for redemption before Collector - Application for redemption filed within prescribed period of limitation..........
Indian Penal Code, 1860, Section 304 Part I -- When it is found that the act by which the death was caused was done with the intention of causing such bodily injury as was sufficient in the ordinary course of nature to cause death, the case would be covered under Section 304 Part I IPC...........
Post Office Act, 1898, Section 6 -- Postal Service - Insurance claim - Not honoured - Ground that the premium in question was not received - Insurance premium draft allegedly sent by registered post not delivered - Postal Department claiming immunity from the liability u/s 6 of the Indian Post Office Act - State Commission directing Union of India to meet the loss caused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Charas - Recovery of 70 grams - Interception of accused was on suspicion and per chance - Non compliance of provisions of Section 50 of the Act would not vitiate conviction...........
Consumer Protection Act, 1986, Section 14(1),(d), Railway Act, 1989, Section 100 -- Railways - Loss of personal luggage - Compensation - Unauthorised passengers permitted in the cabin in which ladies were travelling - Occurrence was on account of the negligence of the railways administration - Bar of Section 100 of the Railways Act cannot be invoked...........
Penal Code, 1860, Section 302,449 -- Arms Act, 1959, Section 27 - Appreciation of evidence - FIR lodged promptly - Presence of PW5 at the time of occurrence proved on record - Motive too stands proved - Medical evidence supporting prosecution story - Mere fact that the recoveries were made in an improper manner would not mean that the entire prosecution story was a..........
