Evidence Act, 1872, Section 112 -- Partition suit - DNA test - Paternity of daughter disputed by father - Father cannot file an application to send daughter for DNA test - Father has to adduce evidence in any other manner to prove that plaintiff is not his daughter - Application rightly dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29 -- Contraband - Bail in case involving commercial quantity recovered from co-accused - Applicability of rigour of S.37 of the Act - Petitioner was not found in possession and the case against him rests only on co-accused disclosures and call logs - Test of reasonable grounds to deny bail u/s 37 not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Indian Penal Code, 1860, Section 120B -- Abetment and criminal conspiracy - Scope - S.29 NDPS Act is almost pari materia in its spirit to S.120-B IPC and the contention that non-invocation of S.120-B IPC vitiates the case is misconceived...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 37 -- Contraband - Bail - Statements of co-accused u/s 67 and mere WhatsApp chats or phone call logs without voice recordings or transcripts are insufficient to establish a nexus with drug trafficking and do not satisfy the reasonable-grounds test u/s 37 of the Act - Call logs alone cannot prove a criminal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail granted subject to the conditions of furnishing bail bonds of Rs.50,000 with surety in the like amount, surrender of passport, not leaving the country, providing and keeping active a mobile number, daily sharing of Google pin location with the SHO, and non-interference with evidence and..........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination shall be directed to explain matters referred in cross-examination...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination of any witness is a right of party as well as right of Court to be done at the end of cross-examination...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - No permission of Court is required if it only relates to explanation of the matters referred in cross examination - However, permission of Court is required if new fact or issue (must be relevant) is required to be introduced...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Permission of Court is required if new matter is required to be introduced to elicit the truth in the matter or explain any new issue properly and adverse party may further cross examine on that matter...........
Right to Information Act, 2005, Section 8(1)(j) -- Exemption from disclosure of personal information - Income tax returns of an individual fall under personal information and would be exempted from disclosure u/s 8(1)(j) of the Act, as it does not fall under exception of larger public interest...........
