Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302 -- Hostile witness - Murder case - Informant though turned hostile but he categorically stated that site plan contains his signatures - Inquest report was also prepared by police in his presence, blood samples of deceased were collected at the place of occurrence, clothes of deceased were recovered in..........
Indian Penal Code, 1860, Section 376 -- Rape - Plea of accused that site plan prepared by police official was false and fabricated - Not tenable as it cannot be considered as a leading factor to rule out entire case of prosecution when other material factors regarding commission of crime otherwise corroborate with each other to establish guilt of accused...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1) -- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial..........
Motor Vehicles Act, 1988, Section 140 -- No fault liability - Compensation - Determination - Site plan prepared by police reflecting recovery of offending vehicle after accident not produced on record - Even, there is contradictions in statements of PW3 (eye witness) and PW4 with regard to reaching at the spot of incident - Moreover, inquest report prepared at spot not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18 -- Recovery of 18.350 kgs poppy straw and 8.047 kgs opium milk - Recovery effected from room which opens in a different direction towards field of one person - Prosecution miserably failed to prove that accused was actually in conscious possession or was having dominion over room from where recovery..........
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 reversed - Evidence shows that vehicle..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38, 39 -- Suit mandatory and permanent injunction - Directing defendant to close main gate, which had been opened illegally, causing obstruction in usage and occupation of plaintiff - Defendant purchased his house and got it repaired after getting site plan sanctioned from M.C. - As per sanctioned..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Collusion of bus and jeep - Injuries caused to passengers of bus - Author of site plan not examined - Prosecution witness in cross examination stating that for exculpating guilt of complainant, `false case' foisted upon accused - Failure of prosecution to..........
Easements Act, 1882, Section 4, Gujarat Town Planning and Urban Development Act, 1976, Section 17(1)(a)(i), Bombay Provincial Municipal Corporation Act, 1949, Section 253 -- Development plan - Grant of sanction - As per petitioner, grant of proposed development violate his right to get light and air - Evidence on record does not show that existing properties adjacent to..........
Indian Penal Code, 1860, Section 342, 323, 325, 34 -- Offence u/ss 342, 323, 325, 34 IPC - Accused allegedly gave beatings to complainant - However, said fact not supported by any witness - Even eye witness not examined - Recovery of rope is not proved on record with which accused allegedly tied complainant - I.O. also not examined and relevant document i.e site plan not..........
