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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 130 grams kept in 15 small packets - Sample - Must be taken from each packet - In the instant case sample taken from 2-3 packets - It cannot be said that the remaining packets were also carrying some contraband of which a representative packet was made and it was a circumstance which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 130 grams kept in 15 small packets - No evidence where the contraband and representative sample were kept from 30.8.90 to 11.9.90 i.e. the date of seizure and date of sending sample for analysis - Malkhana register not proved - I.O. did not depose where the samples were kept - No oral..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(c), 20(b)(ii)(a) -- Seizure of contraband substances (chars) weighing one kg. - Weight of one kg. taken by prosecution included weight of packing material - Thus the net weight of contraband was less than one kg. - Held, recovery falls between small and commercial quantity - Conviction of accused modified..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Medical evidence showing no sign or symptom of sexual assault - A small scratch on lateral aspect of vagina - Possibility of tearing and removal of wearing apparels and a small scratch on private part and some abrasion on chest in process of tussle while accused tying to inflict injuries to cause death not..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Where large tracts of land are required to be valued, valuation in transactions with regard to small plots is not to be taken as real basis for determining the compensation of large plot of land - Where the market-value of large block of land is determined on the basis of sale transactions for..........
Karnataka Rent Control Act, 1961, Section 21(1)(h) -- Pendency of eviction proceedings - Rate of rent Rs.4000/- - Karnataka Rent Act, 1999 came into force and applicable to the pending proceedings - This Act not applicable where rate of rent is above Rs.3500/- Held, Court of Small Causes has no jurisdiction to try the said eviction proceedings...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Water resort - Wave pool - Alleged slipping of the complainant into small ditch in wave pool and sustaining of injuries which made him 100% disabled - Complainant has failed to prove the incident in question as also the manner in which the incident that took place by any cogent and trustworthy evidence to..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Water resort - Wave pool - Alleged slipping of the complainant into small ditch in wave pool and sustaining of injuries which made him 100% disabled - Complainant has failed to prove the incident in question as also the manner in which the incident that took place by any cogent and trustworthy evidence to..........
Evidence Act, 1872, Section 118 -- Rustic witness - Evidentiary value - Rustic witness as compared to an educated witness is not expected to remember every small detail of the incident and the manner in which the incident had happened more particularly when his evidence is recorded after a lapse of time...........
