Showing : 71-80 of 441 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 323, 342-- Offence u/ss 323, 342 IPC - True genesis of case not disclosed by prosecution - There were 100-150 person present on the spot, but surprisingly no independent witness has been examined and only interested witnesses were examined by prosecution - Identity of accused disputed as no TIP was held by..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Service of summons - Report of process server shows that defendant refused to take summons and only one witness has signed on report - However, there is no date and time mentioned by process server on the said report - Signature of two independent witnesses should..........
DELHI HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 27-- Recovery of weapon - When recovery is effected pursuant to any statement made by accused, document prepared by I.O. contemporaneous with such recovery need not necessarily be attested by independent witness - If any such statement leads to recovery of any article, it is open to I.O. to take..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Fatal accident of 5 years old girl - Incident occurred when petitioner was reversing his car and deceased came out of house to collect her ball and got injured by car - Distance between place where accident occurred was 10 steps from the place where vehicle was..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 105 kg ganja - Non-joining of independent witness - Evidence of police officials cannot be rejected per se merely because of no, joining of independent public witnesses - However, it puts the Court on guard to scrutinize their testimonies with great care and caution since they could be..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 105 kg ganja - Non-joining of independent witness - No independent public witness was associated at any stage of investigation - Explanation offered by I.O. and other police officials that request was made to certain passersby to join investigation inspires no confidence, as this is a..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Joint family property-- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29-- Recovery of 2 kg 60 gms opium - Non-joining of independent witnesses - Place of recovery 5 kms away from police station - There is so many villages situated between these two places - However, no independent witness of seizure of opium was made, which creates doubt in prosecution story...........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 451, 323, 325, 34-- Revision against conviction - Offence u/ss 451, 323, 325, 34 IPC - No medical evidence on record to support injuries caused to PWs/injured in such incident - Even, PWs/injured witnesses were not medical examined - Story of giving beatings to PWs with stick by prosecution though introduced by..........

Showing : 71-80 of 441 Results