Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Police officer who takes down any information has to reduce in writing and forward the same to the superior officer - This is mandatory provision - Non compliance of this provision will vitiate the trial - No information was taken down in writing by the police officer - However, there was oral evidence..........
Indian Penal Code, 1860, Section 307 -- Accused convicted and sentenced to 2 years RI under Section 307 IPC - Incident took place about 20 years ago - Accused by the time has become old - Sentence reduced to already undergone - Fine enhanced from Rs.10, 000/- to Rs.25, 000/-...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Purchase of 62 bags of super-snowcem for the external finish of the hostel building by petitioner a Builder - The petitioner was entrusted with the work of construction of a single seater Hostel of 500 rooms at a cost of Rs.2.5 crores and cannot be termed to be self-employed person working..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Ejectment petition - Leave to contest - Landlord sought eviction of tenant on ground of bona fide requirement u/s 14(1)(e) and 25-B of the Act - Notice under Section 25-B of the Act served on tenant - Tenant failed to file leave to contest application within statutory period - Tenant contended that summons in relation..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction on ground of bona fide necessity - Failure to plead ingredients of sub-section (b) and (c) in the eviction petition - Held, if parties were fully aware about ingredients of Sub-sec.(b) and (c) at time of leading evidence and both the parties have led evidence on these issues, then petition cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a partnership firm dishonoured because of `death of partner' - Ground on which cheque was dishonoured does not fall within the purview of Section 138 of the Act - Accused acquitted...........
Civil Procedure Code, 1908, Section 100, Wakf Act, 1995, Section 32(2)(i), 89 -- Second appeal - Suit filed by Muthavalli presenting plaintiffs mosque against the officials of the Wakf Board - Wakf Board in second appeal against the judgment and decree of first appellate court - No pre notice as envisaged under section 89 of the Wakf Act issued by the plaintiff - Only Wakf..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Attachment of property in execution of decree - Pre-sale illegality and post sale illegality - Held, pre-sale illegality in execution is amenable to the remedy under section 47 - Post sale illegality or irregularity causing substantial injury to judgment debtor is covered by Order 21 Rule 90 of the Code...........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement of a person who after making the statement does not die cannot be treated as a dying declaration - However, it may be treated as a statement under Section 164 Cr.P.C...........
