Showing : 671-680 of 18948 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22-- Recovery of 1 kg Nitrazempam powder - Recovered article not weighted on the spot by raiding team rather it was sent to market for its measurement which was against provisions of law - No link evidence produced by prosecution to prove the fact that representative sample was forwarded to forensic..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Opinion of handwriting expert - Seeking opinion of handwriting expert is right to defend - Any order rejecting such request to refer any document for examination by an expert for his opinion which is a step in aid of his defence amounts to the deprival of the right conferred..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482-- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident that too..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49-- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before competent..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Copy of affidavit - Execution of affidavit has been proved and the original of same was also proved to be lost - It is therefore, required to be proved by leading secondary evidence - Application rightly allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 9-- Test of identification parade (TIP) - In absence of identification parade, identification of accused by witnesses in Court, who by that time was already known to them, cannot be accepted as reliable...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 449, Arms Act, 1959, Section 3, 25(1B)(a)-- Pistol shot injury - Eye witness evidence of shot by a pistol - Ballistic report that shot was fired from rifle - Thus pistol shot injury doubtful - It was thus incumbent for prosecution to prove its case by examination of expert - Held, it would not be safe to convict accused on the basis of oral..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 449, Arms Act, 1959, Section 3, 25(1B)(a), Evidence Act, 1872, Section 3-- Appeal against conviction - Offence u/ss 302, 449 IPC and Ss.3, 25(1-B)(a) Arms Act - Appreciation of evidence - As per evidence on record, there is apparent contradictions and inconsistencies in statement of eye witnesses on material points - Even, their deposition is not in consonance with..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 3-- Circumstantial evidence - Last seen evidence - Murder case - Accused was not the only person who was seen with deceased - There was third person who was acquitted by trial Court - Trial Court not gave any reason as to why it believed that third person did not commit murder - Last seen evidence not..........

Showing : 671-680 of 18948 Results