Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 392, 34 -- Test Identification Parade (TIP) - Murder and robbery - When accused have not disputed their identity in cross-examination of PW9 and PW1, it is thus, too late for them to allege now that no TIP was conducted...........
Indian Penal Code, 1860, Section 302, 392, 34 -- Murder and robbery - Accused were present in all probabilities at the time of occurrence - They failed to explain any other reason of their presence - Accused even not questioned their identity by PW9 and PW1 - They have not doubted or condemned police officer of falsely planting any recovery on them - Accused having lastly..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - None of material PWs have specifically stated anything with regard to rash and negligent driving - Identity of driver of offending vehicle at the time of accident not established - Contradictions and inconsistency found in evidence of these witnesses - High speed alone cannot be sole..........
Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Allegation that accused a practicing lawyer made some statement against particular group of lawyers who were agitating and protecting against media - However, accused in his speech referring lawyers as general class and not representing a collection or general class of lawyers - Moreover, when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1060 gms heroin - Difference in weight of substance in samples - Marginal difference between weight of samples, will not change identity of article collected on spot and received to laboratory, thus it is not fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 390 gms Pseudoephedrine and 325 gms Heroin - Commercial quantity - Confession - Petitioner sent parcels containing contraband on three occasions - He stated in his statement recorded u/s 67 of NDPS Act that he used to book parcels to..........
Citizenship Act, 1955, Section 18(1), 18(3), 14A -- Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, Para 3(2), Foreigners Act, 1946, S.9 - Citizenship - Claim for - Once a person is declared as illegal migrant or a foreigner, he cannot claim or put forth a claim to the citizenship of India on the basis that he/she has been residing..........
Citizenship Act, 1955, Section 18(1), 18(3), 14A -- Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, Para 3(2), Foreigners Act, 1946, S.9 - Citizenship - Claim for - Persons declared to be illegal migrants or foreigners by Competent Authority - Fall in separate and distinct class and as such no enquiry or investigation is required to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - Delay of 6 days in depositing case property to FSL - No explanation given for such delay - No link evidence is there to prove that in intervening period when case property remained in possession of MHC, seals were never tampered with - No..........
Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
