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PATNA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 300, 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3, 8 -- Murder - Motive - Accused shooting deceased in head, by gun - Admittedly enmity between parties providing accused motive to accused - All witnesses has not been contradicted on material points in any manner particularly with respect to time of occurrence and place of..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - To introduce counter claim - Counter claim exceeding pecuniary limit of Court - Counter claim, rightly held, not maintainable...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim for mandatory injunction in a suit for damages - Held, permissible - Provision of O.8.R.6-A CPC, permits defendant to set up counter claim against plaintiff any right or claim in respect of a cause of action accruing to him against plaintiff - Contention of plaintiff that counter claim for mandatory injunction,..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Counter claim - Limitation - Counter claim seeking mandatory injunction on the basis of an agreement is governed by ordinary rules of limitation u/art 113 of Limitation Act and accordingly to be filed within three years from the date of accrual of cause of action - Sine counter claim filed..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 29, 31 -- Contraband - Enhanced sentence - Accused convicted second time for the same offence - He was 65 years of age and suffering from various ailments - It is not a case where maximum punishment and thereafter multiplier of one and one-half times applied, as awarded by High Court - Held, keeping..........

DELHI HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 8 -- Motive - If prosecution case is fully established by reliable ocular evidence coupled with medical evidence, issue of motive loses practically all relevance...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Recovery of 30 kgs charas - Bail to juvenile/accused - Accused engaged in smuggling of charas in State and other provinces - He was apprehended with car and on his pointing out 32 kgs of charas was recovered from the vehicle - If..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 101 kg doda chura - Samples allegedly taken from recovered substance properly packed and sealed and sent to FSL in same condition - All samples found intact bearing same impression of seal - Merely because no control or second samples were taken from recovered substance, it cannot be held..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 101 kg doda chura - Testimony of official witnesses - No efforts made by PWs to associate independent witnesses - However, statement of official witnesses otherwise reliable and there is no animosity established against them by accused - Recovery, held, proved...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Evidence Act, 1872, Section 27 -- Recovery of 101 kg doda chura - Accused cannot be convicted merely on the basis of information given by co-accused during investigation u/s 27 of Evidence Act - Moreover, recovery effected from houses of accused, in the absence of experts report, cannot be connected in..........

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