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ORISSA HIGH COURT

Year of decision: 2017
Details

Bihar and Orissa Tenancy Act, 1913, Section 5(2), 55(c) -- Suit for declaration of occupancy raiyat - Bar to institute suit - Disputed land belonging to Government recorded as canal - As per plaintiff, he took permission from ex-proprietor for cultivation of land in 1940 - However, plaintiff was 41 years old when he instituted suit in 1982 which shows that he was born in..........

JHARKHAND HIGH COURT

Year of decision: 2017
Details

Railways Property (Unlawful Possession) Act, 1966, Section 3(a), Evidence Act, 1872, Section 3 -- Theft of railway property - Appreciation of evidence - Evidence of PWs.is consistent, corroborative and categorical with respect to incriminating materials recovered from possession of petitioner - Even, false implication of petitioner is ruled out - Moreover, failure to..........

DELHI HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 376D, 342, 506 -- Rape on married woman - Initiation of false proceedings - Prima facie there was conscious and deliberate effort to misuse the process of law to initiate false proceedings against accused - Prosecutrix and her brother-i, law PW6 connived and have given patently false evidence in Court - Trial Court directed to proceed..........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 404, 120B -- Murder - Circumstantial evidence - Administration of poison - PW12, who was running a Medical shop proved the fact that accused purchased sulfas from him - This witness is an independent witness and had no reason to give false evidence against accused - Moreover, nothing incriminating elicited by defence in..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Collusion of bus and jeep - Injuries caused to passengers of bus - Author of site plan not examined - Prosecution witness in cross examination stating that for exculpating guilt of complainant, `false case' foisted upon accused - Failure of prosecution to..........

UTTARAKHAND HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 307, 120B, 506 -- Attempt to murder - Criminal conspiracy - Conspiracy hatched in public place as per PWs, as they overheard accused to kill complainant and his family - However, it is a matter of common sense that conspiracy is always hatched in secrecy, even though assumed that PWs heard accused hatching a conspiracy, they should have..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 307, 120B -- Nature of offence - Murder or accident - Collusion of truck and jeep on right side and occupants of truck fled away from the spot - Photographs on record shows that tyre marks on the spot which indicated that brakes were applied to avoid accident - False implication due to previous enmity was a plausible view - None of..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 471, 474 -- Recovery of 100 bags out of which 2 bags were containing 20 kg each of poppy straw and remaining 98 bags were containing 40 kg each poppy husk - There is no iota of truth in prosecution version as asserted in FIR and contents of FIR are false which clearly..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- False implication - Infringes right under Article 21 of the Constitution of India - It needs to be examined whether a nodal agency can be constituted to supervise investigation pursuant to an FIR to ensure that no innocent citizen is involved in a false case under NDPS Act - Matter may be examined by..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(b) -- Recovery of 1 kg Opium - False implication - Accused raised defence that he was having some dispute with police official, who got him falsely implicated in this case - However, there is nothing on record to show that PWs were having enmity against accused and are interested in his false implication -..........

Showing : 241-250 of 1455 Results