Showing : 41-50 of 3827 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 161-- Delay in recording statement of eye witness - Murder case - Mere delay in recording statement of eye witness by I.O cannot ipso facto raise suspicion in the mind of Court about veracity of prosecution case, more particularly about veracity of eye witness...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 149, 148-- Murder - Statement of eye witnesses recorded after delay of 8 days from the incident - Explanation given for such delay is that accused is a powerful and influential person and eye witnesses were scared of him - However, evidence on record shows that even at the time of recording of statements of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 1 Qtl. 20 kg chura poppy heads - Accused acquitted as : (i) Presence of DSP at the spot highly doubtful as this witness is not examined in Court and except for the recovery memo, he has not signed any other document; (ii) Presence of independent witness at the spot also doubtful; (iii)..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Contract for development of Villa - Delay of 5 years in delivery of possession of villa - Even though villa is ready for occupation now, but delay of almost 5 years is a crucial factor - Respondents justified in seeking refund of deposited amount with reasonable interest -..........
MANIPUR HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay of 175 days - Delay not properly explained except throwing blame on Advocate for which there is no supporting material or affidavit - Having entered appearance through counsel, there is no reason for defendant to plead that failure on part of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 279, 304A, 337-- Rash and negligent driving - Fatal accident - Eye witnesses to incident give divergent portrayal qua cause of accident - Even there are other auxiliary contradictions which render prosecution story tainted with doubts - Police recorded the statement of PW7/eye witness after delay of 6-7 days,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Delay in filing suit - So long as a suit for specific performance is filed within period of limitation, delay cannot be put against the plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 28 kg poppy husk - Identity of accused - Driver of scooter on seeing police party ran away and thereafter accused was arrested after a long delay - In absence of two independent witnesses, identity of accused at the spot is doubtful - Even, ASI admitted that he do not know regarding..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 1514 days in filing application for restoration of suit dismissed in default - Plaintiff pleaded that suit dismissed for default as he was in coma - However, plaintiff completely failed to produce any evidence with respect to his assertion that he was in coma, which..........
PATNA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 22(c), 23(c)-- Recovery of Charas - Neither any Magistrate was present at the time of recovery nor superior police officials - There is delay of sending samples to FSL which is not explained - Inconsistency between witnesses regarding alleged recovery - Prosecution failed to prove its case - Accused acquitted...........

Showing : 41-50 of 3827 Results