Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29 -- Contraband - Bail in case involving commercial quantity recovered from co-accused - Applicability of rigour of S.37 of the Act - Petitioner was not found in possession and the case against him rests only on co-accused disclosures and call logs - Test of reasonable grounds to deny bail u/s 37 not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
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 19 -- Sanction for prosecution - Sanction order gives the details of complainant's case in brief and also that accused was trapped - Test on both the hands turning positive and recovery of tainted currency from possession of accused is also stated in the sanction order - Sanctioning authority had granted the sanction after..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Identity of accused - Accused fled away from the spot and was not arrested from the spot along with contraband - However, no test identification parade was conducted to ascertain the identity of accused, as PW6/ASI expressed his ability to identify accused as he knew..........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Identity of accused - PW4 was not present at the spot and has been introduced as an eye witness of occurrence later on - Statement of PW4 is absolutely not reliable regarding identity of accused as a driver of offending vehicle - PW7, owner of offending vehicle turned hostile and denied to have..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - No plea has been raised by husband as to non-access in order to dislodge presumption u/s 112 of the Act - Husband has specifically claimed that he is in possession of call recordings/transcripts and daily diary of wife which would point infidelity of wife - It is not a case where DNA test would be only..........
