Showing : 81-90 of 409 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Railways Act, 1989, Section 123(c)(2), 124A-- Accident - Deceased were ordinarily labourer and it should not be expected that some independent eye-witness will come forward amongst co-passengers to state circumstances under which they fell down from train - Circumstances under which deceased fell down from train were known only to deceased -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23-- Recovery of 8.700 kg hashish - Secret information - Parcel destined for Israel recovered at DHL office - None of PWs disclosed as to when and how accused was arrested and by whom - No witness to arrest of accused produced - Various discrepancies regarding recovery of case property - Exact movement..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - No eye witness to the occurrence - PW1, a child witness not reliable as he made conflicting statements - He only witnessed that deceased was dragged by accused into the fields but not to any assault - Conclusion of trial Court regarding presence of accused for 45 minutes till arrival of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 148, 149, 201, Evidence Act, 1872, Section 27-- Double murder - Disclosure statement - Recovery of articles - Contention that said recovery on the disclosure statement of accused and in particular the ashes and bones from canal is not possible - However, there is no evidence to prove the fact that canal from where recovery was effected had any..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 148, 149, 201-- Double murder - Non-examination of independent witness - Not fatal to prosecution case as: (i) no such argument was advanced before two Courts below; (ii) incident took place during midnight when villagers were fast sleep; (iii) no evidence that near the place of incident there were many houses;..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 1.500 kg charas - Non-association of independent witness - Accused apprehended at a place where lots of tourists were there - It is not understood as to why no person of police party was sent by I.O to search for an independent witness - This shrouds the case of prosecution with..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 7 kg charas - Conscious possession - Accused apprehended from isolated and desolate place - No independent witness was found at the spot - Statements of official witnesses inspire confidence - Case property was duly deposited and entry was made in malkhana register - Seals were found..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 300 gm charas - Independent witness not supported prosecution case, as he stated that no search and seizure was carried out at the spot - Testimony of official witnesses does not inspire confidence - NCB form demonstrate that FIR no., date and provisions of NDPS Act under which FIR was..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge..........
DELHI HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c)-- Contraband - Two independent witnesses joined during investigation but not examined - Summons issued but both these witnesses were not residing at the given address - Strangely both these witnesses pursuant to summons u/s 67 NDPS Act appeared to record their statements - No genuine efforts were..........

Showing : 81-90 of 409 Results