Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Delay of 7 days in sending sample for analysis - Sample sent earlier was returned as seals were not legible - Sample resubmitted - Prosecution witnesses not cross examined to prove tampering with the sample - Prosecution evidence that sample was sent intact - Melting of seal on sample is an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Non joining of independent witness - Recovery at night time - It cannot be said that independent witnesses were available but not joined - Mere non joining of independent witnesses not fatal...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Impleadment of necessary party - Maintainability - In initial suit for declaration defendant raising objection of non-joinder of necessary party - Still plaintiff not impleaded necessary party till expiry of 3 years - Later on, plaintiff`s application..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Rape - Delay of 50 hours in lodging FIR - Police station at a distance of 5 kms. from the place of occurrence - Reasonable and satisfactory explanation not furnished - Delay is fatal to the prosecution case...........
Indian Penal Code, 1860, Section 304, 324 323, 34 -- Culpable homicide or voluntarily causing hurt - Accused who were cutting crops claim to be their's and wanted to remove the crop by force - Assaulted deceased with tangi and lathi - Medical evidence showing two fatal injuries on the head of deceased were given by appellant No.1 and 2 - Conviction of said appellants u/ss..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Formal defect is a defect of form prescribed by rules of procedure viz mis-joinder of parties, of causes of action, non payment of proper court fee, failure to disclose cause of action etc...........
Civil Procedure Code, 1908, Order 23, Rule 2, 3 -- Formal defect - Non joinder of necessary parties - Not a formal defect but is a material defect - Cannot be basis for an order U.O.23.Rr.2 & 3 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Purpose of framing - Issues are framed only for the purpose of regulating the proceedings in the suit - Omission to frame an issue of fact is not fatal for the suit when the parties went to the trial knowing fully well their rival case and led evidence not only in support of his case but also to challenge the case of..........
Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation of claim - Suppression of material facts - Disease of epilepsy suppressed - Not a ground to repudiate claim - Epilepsy is not fatal - Can be kept under control by medicines - Deceased had been suffering from epilepsy for 20 years - Moreover insured died on account of suffering from TB Abdomen for 20..........
Evidence Act, 1872, Section 3, 114 -- Non examination of material witness - Adverse inference - It is permissible inference and not a necessary inference - Non examination of material witness not fatal in every case - It is only in cases where there is an infirmity or doubt in the case set by the prosecution that non examination of material witness assumes significance...........
