Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kg Ganja - Non-compliance of S.50 of the Act - Before conducting personal search of A-1 and A-2, PW1 not informed accused about their right to be searched in presence of a Gazetted Officer - Nowhere, PW1 informed accused that he was a Gazetted Officer, as such he is going to conduct their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6 kg Ganja - Where member of raiding team himself being recipient of complaint and also I.O, who conducted investigation and filed charge sheet, same creates serious suspicion in circumstances of case - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
Indian Penal Code, 1860, Section 302, 341, Arms Act, 1959, Section 25(1A), 27 -- Murder - Recovery of pistol and FSL report - Recovery effected from house of A-1 on his confessional statement - FSL report shows that pistol recovered was in working condition and fatal injuries could be caused from using said pistol - Three eye witnesses have attributed specific overt act of..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, 25, 29, 31A, Income Tax Act, 1961, Rule 68B -- Second Sch. - Auction sale - Conducted after lapse of 8 years from issuance of recovery certificate - Rule 68B of Second Sch. to Income Tax Act clearly mandates that no sale of immovable property shall be made after expiry of 3 years from the end..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery not proved by independent witness - Said recovery cannot be ignored unless proved to the contrary...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Partial statement of prosecution witness doubtful - Appreciation of evidence - Statement of eye-witness proved on record - Recovery of weapon and motor cycle proved - Even, statement of PWs 6 & 7 (doctors) clearly states that injury on head attributed is sufficient to cause death - Thus,..........
Indian Penal Code, 1860, Section 302, 34, 379, 120B -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - A-3 hatched conspiracy with her paramour A-1 along with A-2 and committed murder of her husband - It is proved and established on record that A-1 and A-2 were following A-3 and deceased as per instructions of A-3 and all accused were..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Recovery of ornaments of deceased - Mere recovery of ornaments by investigating agency is not sufficient unless same are produced before trial Court and identified by PWs to show that these very ornaments were worn by deceased at the time of incident - Recovery of ornaments thus, not worth reliance and..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - Recovery of blood stained clothes of accused - Presence of blood group on the clothes of accused matching with blood group of deceased in itself is not sufficient to establish guilt of accused unless same is connected by substantiate piece of evidence in the case - Accused thus, cannot be convicted solely on..........
