Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of intoxicant tablets - Search and seizure - When before registration of FIR, documents which were prepared at the spot bear FIR number and there is no explanation by I.O, it raises a strong suspicion about veracity of these documents...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Suit for specific performance - Documents sought to be produced by way of application are not documents which ought to be produced in Court by plaintiff or ought to be entered in list of reliance at the time of presentation of plaint, as these documents never relied upon by plaintiff..........
Indian Penal Code, 1860, Section 464 -- Forgery - To constitute forgery, documents must be false one and must have been dishonestly or fraudulently made...........
Special Marriage Act, 1954, Section 49 -- Marriage certificate - Change/amendment of name in marriage certificate - Change/amendment of name was sought on strength of documents issued subsequent to Marriage certificate - Authenticity of such documents placed on record is not under doubt - It is not a correction of error in marriage certificate - S.49 of the Act would have..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case..........
Criminal Procedure Code, 1973, Section 321, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Withdrawal from prosecution - Misappropriation of public funds of Panchayat - Withdrawal sought on the ground that evidence proposed by prosecution is weak and there is no possibility of witnesses supporting prosecution - Whether documents are strong or acceptable..........
Specific Relief Act, 1963, Section 39 -- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate Commissioner proved that defendants are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - Cuttings and additions in Panchnama/memo made which are apparently visible - PWs not explained as to how these additions were made in this memo - Even Gazetted Officer not attested cuttings on documents and he has signed only last page of document, which raises..........
Temple -- Public or private - Determination - Inam rights conferred on Mandir not on pujaris - Even documents on record shows that Mandir is recorded as `Bhumiswami' for suit property and names of specific individuals are recorded only as pujaris - Contention of plaintiff that they become Mahant of temple and entitled to manage the affairs of temple as its properties..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Jurisdiction - Issue of jurisdiction dealt with in most cursory manner without looking into material adduced on record by husband - Wife served in the present case at a address in a different district - Husband also placed on record certain documents, perusal of which shows that at..........
