Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27, 26 -- Attempt to murder - Confessional statements - Accused implicated in the case on basis of confessional statements - However, no independent witness was either joined in investigation or examined in evidence - Except confessional statements of accused,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial of suit commenced - Application filed at a much belated stage - Same is not required to be entertained as belated attempt deserves to be discouraged - Application rejected...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Refusal - Tendering of summons, its refusal and affixation of summon and copy of plaint on wall should be witnessed by persons who identified the respondent and his house and witnessed such procedure - Report of process server reveals that no attempt was made by..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Huge delay of 20 years in filing second appeal - Applicant contended that she entrusted her brief to her advocate and her advocate did not take any steps to pursue the matter - However, no steps taken by applicant against advocate under provision of Advocates Act - Applicant wants to condemn advocate behind his back..........
Possession -- Settled possession - It must be (i) effective, (ii) undisturbed and (iii) to the knowledge of the owner or without any attempt at concealment by the trespasser - Phrase settled possession does not carry any special charm or magic in it, nor it is a ritualistic formula which can be confined in a straight jacket...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Non-joining of independent witness does not make prosecution case doubtful - However, when there are number of discrepancies, it was incumbent upon I.O at least to make effort to join independent witness - Since, no attempt was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 506 -- Bail - Attempt to murder - Charges were framed on 5.11.2018 and now trial is pending for 9.7.2019 - Out of total 16 PWs, 8 material witnesses are yet to be examined and prosecution has moved an application u/s 319 Cr.P.C - Trial therefore, will certainly take a long time -..........
Indian Penal Code, 1860 -Cruelty - Major contradictions in the statements of father and brother of victim in respect of demand of dowry - Even in FIR lodged by PW1, it is not mentioned that victim was subjected to cruelty or harassment by accused for demand of dowry - Offence u/s 498-A IPC not made out against accused - Accused rightly acquitted. (Paras 18 & 19)
Indian..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Allegation that A-2 to A-4 poured kerosene oil on victim, as a result of which her saree was burnt - After getting information about incident, PW1 and brother of victim reached matrimonial home of victim and took her to police station to lodged FIR and thereafter victim was referred to Hospital - However,..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
