Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 420 Kgs. (14 bags) of poppy husk - Conscious possession - Plea of non production of case property before Court during trial - Sealed parcels of case property were produced before Magistrate - Seals were found intact and Magistrate appended her signatures on the sealed parcel - Held, destruction..........
Societies Registration Act, 1860, Section 15 -- Election of members of Sabha - Applications filed for appointment of election officers for holding fresh elections, for appointment of Advocate-Commissioner and for temporary injunction restraining office bearers from functioning as such - Appropriate relief seeking invalidation of alleged election not claimed - Copies of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused deposed that in the year 2001, appellant /complainant gave him Rs.50,000/- as hand loan - There is no cross examination with regard to this fact - Defence that cheque in question was given towards security has gone unchallenged - Appellant/complainant did not adduce any..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 16, Rule 1 -- Eviction petition - Examination of witness - Examination of witness declined by Court - Order remains unchallenged - Held, a witness whose examination was declined by an order of Court, which remained unchallenged, cannot be examined by a party even of his own - Such a..........
Evidence Act, 1872, Section 138 -- Evidence of a witness when allowed to go unchallenged with regard to any point, it may safely be accepted as true...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acts of physical cruelty alleged - assaults, splashing of chilly water on face, pushing her out of the house during night etc., have not been controverted - A reading of the uncontroverted pleadings and unchallenged evidence, eminently and eloquently establishes the claim for divorce on the ground of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Flats construction project - Investment made to the tune of full price of flat - Guaranteed returns promised for a period of five years and after five years buy back of the said flat assured - Construction of flats not started by OP and after sometime cheques of guaranteed amount started bouncing -..........
Service -- Seniority - A seniority list which remains in existence for 3 to 4 years unchallenged, should not be disturbed - 3-4 years is a reasonable period for challenging the seniority and in case someone agitates the issue of seniority beyond this period, he has to explain the delay and laches in approaching the adjudicatory forum, by furnishing satisfactory..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix remained completely unchallenged - Sufficient to nail the accused...........
Consumer Protection Act, 1986, Section 2(c) -- A demand for any amount due in terms of the unchallenged terms of an agreement, does not furnish a cause of action to the lessee/allottee to approach the consumer forum...........
