Indian Penal Code, 1860, Section 302 -- Murder - Inquest report - Merely because in column no.4 relating to persons who identified the dead body, name of other persons figures is no ground to create any dent in prosecution case as inquest report is prepared in presence of `H' who even signed the same - Moreover, `H' was never claimed to be witness of occurrence by..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Dead body of deceased recovered from open place where other villagers had easy access - It was not discovered from a well either belonging to accused `B' or belonging to accused `H'- Prosecution failed to prove offence of murder thus even if dead body was recovered at the behest of accused `H', he cannot be..........
Civil Procedure Code, 1908, Section 47 -- Execution - Sale - Proceedings coming to an end - Sale certificate issued in favour of D.H. who was the auction purchaser - Decree Holder sold the property to J.D. - Thus auction purchaser/D.H. lost title to the property - Thereafter D.H. has no right to maintain the delivery application - Application for delivery of property..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Certified copy thereof - Uploading of FIR on website - Necessary directions issued: (i) The accused is entitled to get a copy of First Information report at an earlier stage as prescribed u/s 207 Cr.P.C. (ii) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Adulteration - Sample of mustard oil - Re-analysis of second sample - Accused has been deprived of his statutory right to have the second sample analyzed through CFL as second sample not produced from C.M.H.O. office in Court for nearly seventeen years despite repeated directions - No useful purpose would be..........
Right to Information Act, 2005, Section 2(h) -- Public authority - Army Welfare Housing Organisation - Not a public authority within meaning of S.2(h) of the Act...........
Indian Penal Code, 1860, Section 302, 364, 394, 201, 34 -- Murder - Recovery of mobile of deceased from accused - It cannot be said that accused `H' is guilty of murder - Accused `H' may be recipient of stolen property - Mobile has been recovered from accused about one month after occurrence - Presumption u/s 114 of Evidence Act cannot be drawn against accused `H' -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7 -- Shamilat deh - Suit for declaration & possession - Land in question Shamilat Patti Sayar, i.e. common village lands the user of which is not confined strictly to cultivation - Grant of land to `H' and `M' was for repairing of agricultural implements of the villagers by them - They were legally..........
Hindu Marriage Act, 1955, Section 13(1)(ii), Evidence Act, 1872, Section 112 -- Divorce - Adultery - DNA test - Husband moved an application seeking DNA test of himself and male child born to wife to prove his contention in respect of infidelity of wife - High Court rightly allowed application of husband for DNA test and giving liberty to wife to comply with or disregard..........
Civil Procedure Code, 1908, Section 50 -- Execution - Decree of permanent injunction - Death of J.D. - Execution of decree against L.R's of deceased J.D. - Where J.D. dies before decree is fully satisfied D.H. can execute the decree against L.R's of deceased J.D. - Plea of L.R's of J.D. that since they were not parties to decree thus they are not bound by the same,..........
