Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - PWs 2 and 3 turned hostile to prosecution case - No evidence regarding extra judicial confession made by accused - However, such component of evidence has been taken into consideration - No evidence on record to show that deceased died a homicidal death as Doctor who conducted postmortem examination has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 450, 511, 506, 120B -- Bail - Murder - Accused is in custody since 21.6.2017 - Three PWs declared hostile - Custodial interrogation of accused is not required - Conclusion of trial will take some time due to COVID-19 situation - Bail granted to accused...........
Adverse possession -- Mere bald statement not enough - Plea of adverse possession has to be carefully set up as to from which date it commenced and became hostile to rightful owner of property in question...........
Evidence Act, 1872, Section 154, Transfer of Property Act, 1882, Section 3 -- Hostile witness - Attesting witness of gift deed - Admitted his signatures but stated that without reading the gift deed he signed it - An attestor is not required to know the contents of document - Since the witness admitted his signature on the gift deed as such there is no necessity to treat..........
Central Goods and Services Tax Act, 2017 -- Schedule 3, Item 6 - Actionable claims - Exclusion of lottery betting and gambling from Item No.6 Schedule II of Central Goods and Services Tax Act, 2017 is neither hostile discrimination nor violative of Article 14 of Constitution...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Dowry demand - Vague allegations made by PWs and there is no specific instance of hostile attitude or persistent demands of dowry pointed out by PWs - Even, brother of deceased stated that deceased used to write letters to him from her matrimonial place and none of said letters mention any harassment on account of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 2.900 kg Ganja - Search and seizure - Oral testimony of officials witnesses have given uniform version with regard to search and seizure of contraband - Though both independent witnesses turned hostile, but they have identified their signatures found in mahazar - Police officials have..........
Evidence Act, 1872, Section 154 -- Large number of witnesses turned hostile - Court has to examine the evidence which is capable of being considered and then come to a finding whether it would suffice to convict the accused...........
Adverse possession -- Suit for adverse possession could not have been decreed on basis of either a compromise or an admission, as for claim of adverse possession to succeed, plaintiff has to clearly establish open hostile possession for statutory period...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Independent witness declared hostile - In cross examination he admits to having duly perused the contents of the documents before having signed them and not under any police pressure - He independently stated that vehicle of accused was stopped, his consent was taken, a..........
