Will -- Suspicious circumstances - Exclusion of respondent as party failing to file written statement - Even in a regular civil suit, mere no, filing of written statement by the defendant does not always lead to a judgment in favour of the plaintiff - It is evident that even without filing any written statement, the respondent No.1 is entitled to show that the purported..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(1)(u) -- Anticipatory bail - Offence u/s 3(1)(u) of SC/ST Act - Statement made by accused conveys an idea or messages that students who belongs to SC or ST are educationally very backward and that they are fourth grade students who are..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by burning - Accused made confessional statement before CJM that it was he who lit his wife with a help of lighter from her ankle - Said statement of accused is corroborated by evidence of PWs and not retracted by accused - Post mortem report also corroborates the fact that deceased suffered first..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Independent witnesses not supported prosecution case - However, non-support of independent witnesses, who have admitted their signature on each and every document prepared on the spot and do not offer any plausible explanation, does not create any doubt towards..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 9 kg Ganja - Search and seizure - Serious contradictions found in statement of PW on question as to who brought weighing scale for weighing alleged contraband - Malkhana register not produced by prosecution during trial before Court - No evidence adduced by prosecution that recovered contraband..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property u/s 83 Cr.P.C - In a case where processes in terms of Ss.82, 83 Cr.P.C are issued separately, then without recording a statement as envisaged u/s 82(3) Cr.P.C, attachment order u/s 83 Cr.P.C cannot be issued - Since there is no statement in compliance of S.82(3) Cr.P.C on record, order of attachment u/s 83..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- As amended by State of J&K - Written statement - Not filed within stipulated time - Filing of an application U.O.7.R.11 CPC seeking rejection of plaint, cannot made as a ruse for retrieving last opportunity to file written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- As amended by State of J&K - Effect of amendment - Retrospective or prospective - Amendment of O.8.R.1 CPC has taken away the discretion of Court to permit defendant to file written statement after expiry of 120 days, is prospective in nature in absence of contrary provision and shall not apply to pending proceedings...........
