Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non compliance of compromise terms - At the time of compromise accused not made aware of ramifications when his statement of compromise was recorded - Not fair to record conviction of accused solely on the basis of statement made towards compromise without giving him an opportunity for defending himself..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Three days delay in recording statement of PW1 & PW4 u/s 161 Cr.P.C. - Such delay is substantial and assumes some importance as it has been alleged that FIR has been back dated and was never sent to Magistrate as required u/s 157 Cr.P.C. - Testimonies of PW1 & PW4 have to be held as wholly unreliable - Accused..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Merely on the basis of bald statement of husband making allegations without appropriate legal evidence, it would not be appropriate to allow DNA test to be conducted - Husband has to establish beyond reasonable doubt about his no, excess to his wife during entire period - Having failed to prove the same,..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Anticipatory bail - Recovery of opium - Petitioner not arrested at the spot and has been nominated as accused on the basis of disclosure statement of co-accused - Admissibility and veracity of which is yet to be tested - Bail granted...........
Indian Penal Code, 1860, Section 435, 436, 452, 427, 379, 149, 506, Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dismissal of application - As per complainant, village mob was approaching his house and set fire to house, vehicle, etc. - Application u/s.319 Cr.P.C. filed for summoning persons as additional accused whose name was..........
Evidence Act, 1872, Section 45, Constitution of India, 1950, Article 20 -- Voice sample - Consent given for taking voice sample sought to be withdrawn on the ground that at the time of giving consent he was misled and that it would amount to compelling him to be a witness against himself which is not permissible - Apart from a bald statement of being misled, there is no..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - While deciding an application U.O.7.R.11(d) CPC, Court is not competent to go into correctness or otherwise of allegations contained in the plaint - Plaint can only be rejected if the statement in plaint without any addition or subtraction appears to be barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Questions sought to be raised by defendants are open to be raised by them by filing a written statement - Issue regarding limitation in filing suit remains a mixed question of law and facts - Obviously, contentious issues shall be adjudicated by Court on the basis of evidence to be led by parties -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 67, Criminal Procedure Code, 1973, Section 439 -- Recovery of 35 kg ganja - Bail - Confession of co-accused - Investigation of case is complete and final report also filed - Only material available against accused is statement of co-accused and there is no other material - There is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25 -- Recovery of 82 kg ganja - Presumption of culpable mental status - Accused contended that they were only travelers in the car, as driver left the vehicle and fled from the spot - Contention rejected, as at the spot no statement made by accused that they were only travelers in the car - Even..........
