Showing : 1081-1090 of 5427 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 113-- Limitation - Recovery suit for money - Work contract between parties - Cause of action accrued to plaintiff in 1990, when defendant rescinded agreement and forfeited security amount for no, performing of work by plaintiff within stipulated period - Limitation was only 3 years from 1990 but neither..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Haryana Agriculture Credit Operations and Miscellaneous Provisions (Banks) Act, 1973, Section 8-- Agricultural loan - Default in repayment - Recovery application - Dismissal for want of prosecution - Order of restoration of application holding recovery of amount of loan statutory right of bank, upheld...........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c)-- Recovery of 4 kg charas - Deficiency in weight of sample - No cross-examination was conducted from material PWs regarding minor deficiency in weight of samples received by FSL - Since there was delay of 17 days, possibility of deficiency for various reasons cannot be ruled out - No prejudice is..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c)-- Recovery of 4 kg charas - Non-joining of independent witnesses - PWs stated that at different stages of investigation various public individuals were requested to join investigation but for reasons peculiar to them, they did not opt to join the investigation - Generally public at large are..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c)-- Recovery of 4 kg charas - Testimony of police officials - Police officials have no familiarity with accused - In absence of any prior animosity or ill will, police officials present on their patrolling duty as usual were not accepted to falsely implicate the accused who was a resident of far away..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 201, 120B-- Murder - Circumstantial evidence - All witnesses of recovery turned hostile - Motive not proved on record - Prosecution failed to prove its case beyond reasonable doubt on circumstantial evidence of last seen, recovery of lathi, blood stained stone and cap of deceased - Benefit of doubt given to..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27, 25-- Murder - Circumstantial evidence - Disclosure statement - Recovery of `Sabbal' (Iron rod) - Information regarding sabbal was given to police - On perusal of discovery statement, it revealed that it amounts to confession made by accused before police officer, therefore, same is hit by S.25 of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(2), 23-- Recovery of 100 kg charas - Accused was the sole occupant of jeep in question from where recovery was effected - Failure of I.O to interrogate the owner of jeep strengthens the presumption in favour of accused, as it is difficult to fasten the knowledge of cavity and concealment of charas therein..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(2), 23, Evidence Act, 1872, Section 25, 26-- Recovery of 100 kg charas - Confession - Second statement of accused recorded when he was in police custody and not in immediate presence of Magistrate - Confession and guilt if any made by accused in second statement is thus, hit by S.25 of Evidence Act and, held, not relied upon...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(i), (ii), 57, 35, 20(B)(2)-- Recovery of 100 kg charas - Secret information received by PW4 not recorded by him - Nor said information was forwarded to higher authorities - Compliance of Ss.57, 42, 35, 20(B)(2) of the Act not made by prosecution - So called independent witness PW3 is a pocket witness and he is only witness of..........

Showing : 1081-1090 of 5427 Results