Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Trial court acquitted accused on the ground that there was non compliance of Section 55 of the Act - Held, Trial Court's view that seizing officer testified only when tested on the anvil of cross examination that the property..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 17 -- Maharashtra Ownership Flat Act, 1963, Section 4 - Housing - Sale of flat - Withholding of possession - Non execution of agreement - Allotment letter, a binding contract - Allotment letter coupled with receipts themselves establish contractual relationship between the complainant and OPs - Allotment letter..........
Land Acquisition Act, 1894, Section 23(1A), Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - On reference, award enhanced - State challenged the award of Reference Court - The landowner, instead of filing appeal or cross-objection, filed application under Order 41 Rule 33 of Code claiming additional compensation - Held, landowners who..........
Land Acquisition Act, 1894, Section 23(1A), 30(1) -- Section 23(1A) and Section 30 are interconnected...........
Indian Penal Code, 1860, Section 34, 149 -- Accused can be convicted with the aid of Section 34 IPC in place of Section 149 IPC if there is evidence on record to show that such accused shared a common intention to commit the crime and no apparent injustice or prejudice is shown to have been caused by application of Section 34 IPC in place of Section 149 IPC...........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- If a Hindu woman had any existing interest in a property, howsoever small, prior to the enactment of the Hindu Succession Act, 1956, the same would blossom into a full-fledged right by virtue of the operation of Section 14(1) thereof - On the other hand, if such a right was so acquired for the first time under an..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance Act, 1938, Section 64UM - Insurance claim - Repudiation - On the ground that that the complainant by raising fraudulent claim raised an inflated claim which he has not been able to substantiate - Insured should not be non-suited altogether even qua the part of the claim which the company has itself found..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband living with another woman - Wife can file complaint u/s 498-A IPC against husband only, for subjecting the wife to cruelty, and not against that woman - Wife can have recourse against that woman under different provisions of Hindu Marriage Act, 1955 but not under Section 498-A IPC...........
Criminal Procedure Code, 1973, Section 167 -- Bail on default - Petitioner arrested u/s 20(B) of NDPS Act when 10.400 kg. ganja recovered from him - Offence punishable with imprisonment upto 10 years - Case covered by Section 167(2)(a)(ii) - Accused would be entitled to be released on bail if the investigation is not completed and charge sheet is not filed within 60 days -..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 212, 215, 464 -- Error in charge - Two women namely `P' and `S' present in the house - Accused charged for assaulting `P' and outraging her modesty after committing trespass into the house - Accused outraged the modesty of `S' but charged with outraging modesty of `P' - Held, conviction cannot be..........
