Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Statement of accused - Recovery of five bags of poppy husk - If specific question is not put to an accused, while recording his statement u/s 313 Cr.P.C informing him evidence which has come on record against him, amounts to denying him right to rebut the same -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40.500 kg poppy husk - Delay in sending samples - Samples were sent to FSL after delay of 12 days - Constable after receiving samples kept the same for two days without recording his presence - Register no.19 was not produced on record in which entry related to time of taking out sample and..........
Civil Procedure Code, 1908, Order 16, Rule 1A -- Production of witnesses without summons - Application allowed - Legality of order - Partition suit - Application allowed after dealing with the issue of requirement of recording the evidence of witnesses - Proceedings were at initial stage - More so, evidence of aforesaid witnesses was important for proper adjudication of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Multiple dying declarations - Creating huge doubt on their veracity inasmuch as there was contradictory variance as to the facts of presence of accused at the scene of offence at the time of incident, bringing victim to the hospital and impact of the presence and provocation of relatives at..........
Evidence Act, 1872, Section 138, 65B -- Cross-examination - Deferred - Case fixed for recording evidence of PW - Cross-examination of material witness deferred on request of defence counsel on the ground that application for summoning of call details of said witness has been filed - Impugned order set aside, as petitioner denied opportunity of cross-examination - Direction..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Denied on ground that Commissioner cannot be used for collecting evidence, as certain things can only be taken on record only after same being led by parties - Moreover, no purpose will be served for appointing commissioner at appellate stage - Recording of such satisfaction is justified and no..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 22(2), Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, Rule 22(3)(i) -- Property of senior citizen - Eviction - Proceedings before District Magistrate are summary proceedings and do not entail recording of elaborate evidence - Such proceedings are to be..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction - Murder - Circumstantial evidence - Benefit of doubt - Testimony of sole-witness, not reliable - TIP done after two weeks of arrest of accused - Contradiction in identification and arrest of accused - Finger prints found on liquor bottle not matched with that of accused - Recovery of knife from an open `nala' which..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dying declaration - Death by burning - Deceased stated in her dying declaration that she was subjected to cruelty, harassment and dowry demands at the hands of her i, laws and husband - Dying declaration of deceased was true, voluntary and has total clarity in its..........
