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PLRonline.in

Suit for permanent injunction - Unregistered agreement to sell - Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when the defendant specifically filed the counter-claim for getting back the possession.

MVA S. 166- Student of MBA - Income taken Rs. 30,000/-

Cr.P.C., S. 436A – Undergone more than half of the period of maximum imprisonment, which would be imposed upon him by way of penalty – Falls within sub-section (1) of Section 436A – Seriousness of the accusation cannot deny the benefit flowing from the said section – Applicant deserves his release on bail. [Bom.]

in Criminal, CrPC

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NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]

Bail – As per custody certificate, petitioner, who is a young man aged 22 years, has already suffered incarceration for about 01 year 10 months and 15 days & is not shown to be involved in any other case – Bail granted – IPC, Sections 354- B, 376DA, 506, 216 – POCSO Act, Section 6

Constitution of India

Constitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]

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