Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Case of prosecution rests upon contents of suicide notes of deceased - However, there is nothing credible enough for substantiating the same - Exchange of WhatsApp texts of deceased with applicant prior to her committing suicide also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Reduction in weight of contraband is sufficiently explained by natural drying and loss of moisture, a fact also recorded by PW6 in Analysis Report, which notes that sample contained dry, broken fragments - High Court rightly held that minor variations in weight,..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Application for comparison of signatures dismissed on the ground that documents containing admitted signatures were not contemporaneous documents - However, High Court has not made any observation with respect to whether document is contemporaneous or not, nor that..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Though phenolphthalein test and recovery of tainted notes may create suspicion, they are not substitutes for substantive evidence of demand and acceptance...........
Indian Penal Code, 1860, Section 307, 452, 380, 34 -- Attempt to murder - Theft - No specific or overt act has been attributed against any of appellants except some general and omnibus allegations of commission of theft and pressing neck of informant - However, informant has not gone under any medical examination - On the basis of bald testimony of informant, a case u/s..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Plaintiff discharged his burden by producing two original suit promissory notes and also produced sufficient evidence - Burden shifts to defendant to rebut the evidence of plaintiff - To disprove the evidence produced by plaintiff and to discharge his burden, defendant did not enter into..........
Prevention of Corruption Act, 1988, Section 13(i)(d), 13(2), 7 -- Illegal gratification - Demand and acceptance - Officers of the trap team spoke about handing over of money by complainant to A-1 who handed over half to A-2 which amounts were said to have been put by both the accused in their trouser pockets - PW8 who led the trap team merely spoke of a recovery of bribe..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(B) -- Illegal gratification - Demand and acceptance - Complainant provided a consistent and detailed account of demand made by appellant for Rs.600 as bribe - His testimony was corroborated by PW10, shadow witness who confirmed hearing appellant demanding bribe and seeing complainant hand over tainted money - Recovery of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Evidence of PW1 to PW3 r/w evidence of PW4 and PW5 along I.Os who supported the case of prosecution in entirety about demand and acceptance of bribe amount and also recovery of same from possession of respondent - Respondent had received or accepted currency..........
