Criminal Procedure Code, 1973, Section 167(2) -- Bail - Confession of - Not indefeasible right - This right on account of the default of prosecution when it did not file the challan within the statutory period of 60/90 days - This right comes to an end with the filing of challan - If the accused has got bail before the filing of the challan his bail can be cancelled only..........
Punjab Land Records Manual -- Para 7.29 - Correction in record of rights by `Farad Badar' - Revenue Officers have no jurisdiction - Only Civil Court has jurisdiction to order correction - Punjab Land Revenue Act, Section 45...........
Limitation, Article 58,113 -- Plaintiff seeking declaration of title in property and defendant denying plaintiff's title - Suit under Section 34 Specific Relief Act - There can be no right to sue until there is accrual of right asserted in the suit and its infringement or at least a clear and unequivocal threat to infringe that right, by defendant against whom suit is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Appeal against conviction - Mandatory provisions of Section 50 of the Act not complied with - Link evidence held to connect the accused with the alleged recovery held to be missing - No independent witnesses joined despite the secret information available with the police about the accused having opium in..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of complaint - Of offence under Section 409 - During investigation complainants filing affidavit before police that they have received money and compromised the matter - Held that the police in cognizable no, compoundable offence are duty bound to conduct the investigation according to law and file the..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Mandatory injunction - Execution of decree - Decree passed for restoration of possession - Decree holder has a right to execute the decree - The executing Court can issue warrant of possession - Objector cannot turn round to say that the decree is not executable by issuing warrant of possession - Decree has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Criminal Procedure Code, 1973, Section 313 - Appeal against conviction - Link evidence - Not put to the appellants when examined under Section 313 Cr.P.C. - Cannot be considered by the Court for convicting the appellants - Since this link evidence cannot be considered,the report of the Chemical Examiner..........
Hindu Marriage Act, 1955, Section 19, 25, Family Courts Act, 1984, Section 7(1) -- Divorce decree passed - Maintenance petition filed subsequently - Jurisdiction - Suit may be filed in Court other than Court which passed decree of divorce, provided it is one of the Courts mentioned in Section 19 of Hindu Marriage Act - Wife, whose marriage is dissolved by decree of divorce..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) - Conviction - Revision against - Public Analyst not declared in the report the details of the colour matters which were in the contravention of the Food Health Authority - Notification - What are the unpermitted basic coaltar dye regarding which the violation has..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of Sentence - Conviction under Section 15 of NDPS - Petitioner has already undergone more than one year's sentence - There is no likelihood that his appeal can be taken for adjudication in near future - Sentence suspended and given bail for one year...........