Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - While it is permissible for Courts to examine statements recorded u/s 161 Cr.P.C. for the purpose of ascertaining whether a prima-facie case has..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - Inculpatory statement - Statement of accused person u/s.161 Cr.P.C. by virtue of ordinarily being in the form of either an admission or a..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - Exculpatory statement - Exculpatory police statement of an accused person u/S.161 Cr.P.C that implicates another co-accused, cannot be relied..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S. 161 Cr.P.C (180 BNSS) - Exculpatory statement - Exculpatory statement of an accused person u/S.161 Cr.P.C can only be looked into for the limited purpose of either..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Suit land was sold to defendant and same was converted into residential land - Patta was issued to various persons - Plaintiff had not sought relief of declaration as a Khatedar rights - Without getting declared khatedar rights, plaintiff had no right to file suit - Suit..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Recovery effected from a transparent polythene bag, which petitioner was having - Plea of false implication was taken by accused on the ground that no sensible person would carry contraband in a transparent bag - Mere fact that contraband..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Petitioner has been apprehended with a commercial quantity of contraband - Hence, rigors of S.37 of NDPS Act would certainly apply to him as there is nothing on record to show that he did not commit subject offence or would not commit..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Issues not framed by trial Court - However, on the basis of pleadings of parties, trial Court rightly framed point for determination - Since point for determination was framed, there was no illegality in not framing issues...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Numerous opportunities given to plaintiff by trial Court to lead evidence but plaintiff failed to appear himself before trial Court - Trial Court rightly closed evidence of plaintiff and rightly came to conclusion that his evidence could not be read - Trial Court and first appellate..........
Indian Penal Code, 1860, Section 324, 323 -- Offence u/ss 324, 323 IPC - PW1 deposed about injuries caused by appellants and same is corroborated by evidence of PW2, PW3 and PW4 - PW4 specifically deposed about assault made by A-1 on PW1 with an aruval on his head and left hand - Injuries were also caused to PW1 by A-2 with a stick - Evidence of PW4 is cogent and also..........
