Narcotics—Recovery of bulk of manufactured drugs without any valid authorization—Accused to be tried under NDPS Act and not under Drugs and Cosmetics Act merely because recovered substance was “manufactured drugs”

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Infringement of Trademark-Passing of-Division Bench of High Court held that substitution of letter 'T' for letter 'O' would create confusion on the ground of deceptive similarity—Reputation of plaintiffs Trademark has been established and there is likelihood of its damage—Findings of Division bench upheld

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Remand of Case—After allowing the application for additional evidence in appeal High Court not justified in remanding the case to trial court for recording of the evidence—It can be done by competently by first Appellate Court Additional evidence of appellate stage—Allowing of application does not mean that document are to be directly exhibited as record on file—Such documents are required to be proved as per law before being considered

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Medical Evidence--Ocular Evidence—Variance between—Oral evidence has to get primacy as the medical evidence is basically opinionative

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High Court gave finding that the Rent Appellate Tribunal allowed the appellant's (landlady's) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need—However, High Court neither remanded the case nor decided the appeal on merits—This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need—Matter remanded back to Rent Appellate Tribunal

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Quashing—Remand of Case—High Court dismissed the petition for quashing without referring to facts of the case with a view to appreciate factual controversy and to appreciates why such grounds are not made out under S.482 Cr.P.C-Matter remanded hack to High Court to be decided afresh—Impugned order set aside

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Murder—Death Penalty—Every brutal murder does not fall within category of rarest of rare case to warrant death sentence

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Execution of decree—Objections—Revisionary Court is under legal obligation to decide the legality and correctness of the findings recorded by the executing court on its merits rather than remanding it to executing court Execution of Decree—Objections—Revision—Additional evidence by way of documents not to be placed in revision against dismissal of objections by executing court

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Auction Sale—Deposit of Bid amount—An amount of bid in which the decree holder is a purchaser can be set off—In present case, respondent-corporation is not only auction purchaser but also decree holder, there is no question of deposit of the auction amount as there was no other prospective buyer to offence bid.

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Exparte decree—Setting aside of—Delay of about 4 years in filing application condoned—Keeping in view that appellant did not follow up the matter due to pendency of the appeal. in High Court against the grant of interim injunction

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