Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C. must be allowed if fresh evidence is being produced to facilitate a just decision...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawfully assembly - Dispute between accused and deceased over land - Accused persons alleged to have assaulted decreased and many others with sharp weapons - FIR naming as many as twenty four persons - Five appellants were not only named in FIR but were in specific terms named even at trial by witnesses examined by..........
Will -- Production and reliance on the Will after 35 years subsequent to its execution - No dispute as to signatures of testator on the Will and her wishes are clear - It is only when the properties bequeathed under the Will had to be protected, that the will was required to be produced and relied upon - A Will is required to be acted upon, only after the testator passes..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Illegal possession - Acquittal - Validity - SDPO not produced and examined at trial to prove that exercise of search, seizure and recovery of contraband and arrest of accused was a legitimate and lawful exercise conducted in conformity with mandatory provisions of NDPS Act - Evidence..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Can be sought on the grounds viz. (a) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him; (b) Mistake or error apparent on the face of the record; (c) Any other sufficient reason - Any other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Seizure of contraband - Non-compliance of provision of S.55 - Sample seal and seal cover containing contraband were not produced before Incharge of police station - No entry in Maalkhana register regarding movement of contraband and sample seal from police station - Held, reasonable doubt has created on..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI Landlord - Ownership - Onus to prove - Held, onus would always be upon landlord to show that he is owner of demised premises and in case boundaries do not match with sale deed produced on record it would certainly require due evaluation by Rent Controller...........
Civil Procedure Code, 1908, Section 151, Order 40, Rule 1 -- Appointment of receiver - Validity - Appellant/lessee filed suit for injunction against his forcible dispossession by respondent/lessor from his hotel - Hotel leased out for a period of 5 years - No addition or alteration was to be done without written consent of respondent but appellant made renovation and no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 302, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Offence u/ss 364, 302, 201, 120-B IPC and S.3(2)(v) SC&ST Act - Denial of bail on ground of tampering of evidence - Petitioner an influencer politician along with co-accused..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for arguments - To prove Will and copies of mutation - Copy of mutation available but not produced on record - Will a registered document - No explanation as to why petitioners did not take any steps for proving the Will by leading secondary evidence - Application an..........
