Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Accused detained on basis of 3 past NDPS cases against him - However, as per evidence on record, including the detention order and counter affidavits filed by zonal director of Narcotic Control Bureau, the Sponsoring authority considered 5 other cases apart..........
Criminal Procedure Code, 1973, Section 311 -- Examination of private handwriting expert - FSL report of suicide note - Suicide note in question was already examined by police during investigation from concerned Department - Said examination was deemed to be legitimate - Since Court had already ruled in the matter and petitioner did not obtain necessary approval to conduct..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - In the absence of evidence that plaintiff is in exclusive possession of the property and there had been a partition, suit for permanent injunction against co-sharer is not maintainable - The only remedy for plaintiff would be to seek partition of suit land...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 465, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1), 13(2) -- Bail - Cheating - Investigation of case based on documentary evidence, is complete - Entire incrimination evidence collected against petitioner is already part of challan which stands presented before..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PW6 who was working as male nurse in Hospital stated that he brought the deceased to hospital in ambulance and deceased told him that accused/respondent Nos. 2 & 3 had caused injuries with lathi to him - From the statements of witnesses, prosecution had failed to produce any evidence regarding..........
Criminal trial -- Proof of document - Admission of document in evidence is different from proof of its contents and admission of genuineness is not the same...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding the merit whatsoever in the application u/s 319 Cr.P.C, more than prima facie case is to be established from the evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Mere appreciation of facts, documentary evidence and contents of documents cannot be held to be raising a substantial question of law...........
