May 2019
Permalink GalleryBail–NDPS-Conscious possession-Intermediate Quantity-Recovery of 700 tablets (less than commercial quantity) of Diphenoxylate Hydrochloride containing 44 grams of prohibited substance—Debatable question whether each of two accused can be attributed with conscious possession of 700 tablets-Petitioner is in custody from last 11 months—Bail granted
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Outraging modesty of women–Kidnapping–Bail–Petitioner was not named in FIR–She has seen petitioners in the police custody and identified them–Statement of prosecutrix that no test identification parade was conducted after arrest of the petitioner and co-accused-Co-accused already on bail-Bail granted
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Bail–NDPS~ Recovery of 190 injections of containing prohibited substance Buprenorphine Hydroeleride—However, as per the manufacturer details, the quantity of the prohibited substance in the entire recovery comes only to be 0.114 grams which is even less than small quantity prescribed for the substance—Without commenting on merits, bail granted
Permalink GalleryHeld; that in such a situation the petitioners could hold a bonafide belief that the present proceedings may not continue—There is sufficient explanation for non-appearance of the petitioners before the learned Rent Controller in the present proceedings-Legal position that tender of rent in separate proceedings cannot be treated to be a valid tender of rent in the present case is not applicable in instant case—Exparte decree set aside
Permalink GalleryMisconduct by Arbitrator- Appointment of Arbitrator stood cancelled and new arbitrator was appointed-But despite termination of his appointment first arbitrator continue to hold arbitration proceedings and pass awards-Held; Any award passed after termination of appointment is without jurisdiction and is liable to be set aside
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Abetment to Suicide-Summoning of additional accused—Anticipatory bail-Deceased died unnatural death after almost 11 years of marriage—Prosecution failed to convince how deceased has been forcibly administered the poison as alleged; whereas there is nothing suggestive in the post mortem report to that effect—Bail granted
Permalink GalleryApprehension that petitioner may sell intoxicants during parole—Mere likelihood of committing a crime while on parole would not be a sufficient ground to decline temporary release on parole—No material on record to support such assertion—Application allowed—Narcotics Drugs and Psychotropic Substances Act, 1985, S.22.
Permalink GalleryAppointment of Local Commissioner-Demarcation Report—Suit for possession—Petitioner based its case on demarcation report by Kanungo—Respondents questioned the report in their written statement as no notice of time of demarcation was given to them—No application was filed by petitioner while leading his evidence for fresh demarcation—Application in midst of respondent evidence held to be not maintainable.