Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Pleadings by way of reply/replication to the contentions in the written statement would prejudice none - Conversely, denial of leave is likely to prejudice plaintiff although non denial by him of the contentions in the written statement would not amount to their admission at all...........
Indian Penal Code, 1860, Section 279, 337 -- Accident - Rash and negligent driving - No specific evidence led on record by prosecution to prove rash and negligent driving by accused - Merely bald statement if any of complainant which was otherwise not supported by PW2 is not sufficient to conclude rash and negligent driving if any by accused - Contradictions and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 67 -- Recovery of 1060 gms heroin - Voluntary statement given u/s 67 of the Act - When direct evidence given by Intelligence officer and independent witness is quite convincing and satisfactory to prove detection, much need not be discussed or thought of about voluntary statement recorded u/s 67 of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought was not imperative for determining real question in controversy between parties - Amendment also barred in view of O.6.R.17 Proviso CPC - Amendment application rightly rejected...........
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..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Information memo which bears a narrative of statement given by accused to I.O cannot be construed to be a substantive piece of evidence...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of weapon of offence at the instance of accused - Mere recovery of a weapon of offence cannot be made a basis of conviction without there being any substantive evidence...........
Evidence Act, 1872, Section 27, 59, 60, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained lathi at the instance of accused - Murder case - I.O did not specifically narrate before Court as to what exactly accused stated to him while giving information u/s 27 of Evidence Act - Actual words as stated by accused to I.O should have been..........
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), 35 -- Cross-examination - Opportunity given but no cross examination done - Prosecutrix is a child who has deposed against petitioner - There is no justification whatsoever to call back prosecutrix - Case is one under POCSO Act..........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording of statement of witnesses - Investigation was not carried out properly by local police - State government handed over case to CID - No effective progress could be made by State CID also, hence investigation was entrusted to CBI - It is thereafter statements of several witnesses including u/s 164 Cr.P.C were..........
