Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - As per plaintiff, defendant was his friend and with view to help him, on his request, suit premises given to defendant by way of permissive user - However, defendant pleads creation of tenancy rights in his favour - Neither defendant able to produce evidence on record that he was staying in suit..........
Will -- Proof - Doctor certified that testator was in sound and disposable state of mind - Evidence of doctor cannot be discarded only on the ground that he had certified state of mind of testator one day prior to the Will and he did not produce examination notes...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charges truth, veracity and effect of evidence which prosecution proposes to produce are not to be meticulously examined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 795 parvon spas capsules - Search and seizure - FSL form not prepared and filled on the spot - Samples though sealed on the spot but no evidence as to whether same got resealed from Executive Magistrate - No evidence on record that till the samples were sent to FSL for examination, these..........
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(II)(c) -- Recovery of 4.050 kg charas - Search and seizure - Contradiction found between statement of PW regarding presence of lady constable at the place of occurrence - Prosecution failed to produce reliable evidence regarding source of light at the time and place of occurrence - Accused allegedly caught..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4.050 kg charas - Non-compliance of S.42 of the Act - Where office/residence of Senior Police Officer/Gazetted Officer and Magistrate were within one kilometers from concerned police station, failure of PW1 to inform him in writing as well as failure of prosecution to produce written..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Deceased died unnatural death within 5 years of her marriage - However, there is no specific and convincing evidence to the effect that deceased was regularly subjected to cruelty or harassment by accused in connection with any demand for dowry - Prosecution failed to discharge its initial burden in..........
Civil Procedure Code, 1908, Section 151, East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Additional evidence - Dismissal of application - Eviction petition - Petitioner/landlady wishes to produce jamabandies to prove her title over demised premises and site plan to prove identity of said premises - There is nothing on record to indicate that petitioner has..........
