Showing : 1-10 of 492 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(2)-- Recovery of 2 kg charas - Two lady accused sitting in compartment of Train found in possession of charas - Accused searched at platform - They failed to show any license for the same - No infirmity in the evidence of PW2, independent witness - Non-mentioning of child of accused in recovery memo..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Plaintiff's predecessor-i, interest purchased the property not by measurement but by boundaries - Property in question is identifiable - First Appellate Court rightly relied upon commission reports and various evidence which were on record and led by parties and had..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A-- Hostile witness - Dowry death - Cruelty - Conviction cannot be recorded on solitary statement of witness who disowned his testimony of examinatio, i, chief and has turned hostile during beginning of cross-examination - Conviction and sentence set aside - Accused acquitted...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A-- Hostile witness - Dowry death - Cruelty - PW1 turned hostile in cross-examination - Statement of PW1 given in examinatio, i, chief could be used for purpose of corroboration and support of such evidence - A person who has stated in examinatio, i, chief does not remain trustworthy and his solitary..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 3-- Relative witness - Merely because witnesses are closely related to deceased, their testimonies cannot be discarded, as relationship with one of parties is not a factor that affects credibility of witness...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114-- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Role of firing at deceased specifically assigned to A-1 (deceased) - Neither any overt act attributed to A-2 nor even it is deposed against him that he caught hold of deceased - From the evidence of PWs, it does not follow that A-2 and other co-accused had arrived at..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(i)-- Divorce - Adultery - Petition by husband - Allegation that wife used to visit her brother-in-law which he did not like and many times prevented her - However, evidence on record shows that wife was living away from her native place and her sister and her husband lived at the place where wife..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(II)(c)-- Recovery of 4.050 kg charas - Recovery of charas from possession of accused made in contravention of mandatory provisions of the Act - Presence of lady constable at place of occurrence, evidence regarding weighing of recovered articles and source of light at the place of occurrence very doubtful -..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(II)(c)-- Recovery of 4.050 kg charas - Search and seizure - Contradiction found between statement of PW regarding presence of lady constable at the place of occurrence - Prosecution failed to produce reliable evidence regarding source of light at the time and place of occurrence - Accused allegedly caught..........

Showing : 1-10 of 492 Results