Showing : 1-10 of 122 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Motor Vehicles Act, 1988, Section 166-- Fatal accident - Death of driver of motorcycle - Compensation - Accident occurred in middle of road - However, exact location of accident as marked out in site plan, not explained muchless proved through a competent witness by accused to substantiate their defence - While existence of site plan..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 90-- 30 years old document - Sale deed - Presumption u/s 90 of the Act - For application of presumption u/s 90 of the Act, property must be co-related with suit property - Since dimensions shown in sale deed did not correspond to dimensions of site plan adduced by plaintiffs, no presumption can be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304B, 302, Evidence Act, 1872, Section 106-- Dowry death - Death by burning - Plea of accidental fire - Accused and deceased were alone in the shop at the time of incidence - According to site plan no fire crackers were found in the shop - Prosecution proved that accused gave danda blow on the head of deceased and thereafter put her on fire..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B)-- Recovery of 400 gms charas - Search and seizure - Contention that in recovery memo, site plan, arrest memo etc, FIR number of case finds mentioned - Contention rejected, as FIR no. incorporated in said documents is in the blank space, which indicates that same filled up later on - Said fact got..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)-- Illegal cultivation of ganja crop - No description in recovery memo as to how much sacks were used for keeping recovered material and how much quantity of sample was taken out from recovered ganja - Specification of weight of each sack is altogether missing - No independent witness joined though..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 25 kg poppy husk - Search and seizure - Perusal of recovery memo, site plan, consent memo etc. shows that column of FIR No. was kept blank and was later on filled up - This fact creates no suspicion about prosecution case and reflects that FIR no. was filled up only after official who..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Motive and reason for eye witnesses and others for going to tube-well of deceased in the afternoon at peak of heat is doubtful - Conduct of eye witnesses that they did not raise a finger to save deceased at the time of assault which they allegedly witnessed also casts shadow of doubt on..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 96-- Private defence - There was right of private defence because complainant party illegally entered into land of accused in dark night with a habitual offender - Due to free fight occurrence took place and in the said incident gun shot were made by both the parties which is evident from the site plan..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 4 Kg opium - Interpolation of date of incident in consent memos and recovery memos - Consent memos and recovery memos are documents which are prepared at first instance - Site plan shows that there is no interpolation in date - When the material documents regarding recovery of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 326, 324, 34, Arms Act, 1959, Section 25-- Murder - Six empty as well as four live cartridges recovered - However, neither any empty or bullet of revolver attributed to accused `K' and `P' were recovered from them - No evidence on record that alleged fired shots attributable to these accused which missed had hit any wall or shutter of any..........

Showing : 1-10 of 122 Results