Special Marriage Act, 1954, Section 27 -- Divorce - Cruelty upon husband - Parties residing separately nearly two decades after a short time of their marriage and still busy in accusing the other - Both the parties making allegations against each other - Distance between husband and wife who are in their 76 and 66 years of age has reached such bad height and it is a case..........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Offence u/s 489-C IPC - Appreciation of evidence - Alleged recovery was effected from busy place still no independent witness was joined by I.O. and no explanation has come forward on this point - Even, there is no complaint to I.O. that accused had gone to use said currency notes or they had made..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 1 kg Nitrazempam powder - Secret information - Non-compliance of S.42 of the Act - Information neither pen down by SI nor information was forwarded to senior officers - Even after arrest of accused no such information was forwarded to senior officers - Prosecution could not produce copy of..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376D, 342, 506 -- Delayed FIR - Rape - Complaint made after delay of 22 days and it was admitted by prosecutrix that no threats were extended during that period - Even thereafter prosecutrix chose to approach lawyer first and not police and waited for another 3 days as lawyer was busy - First..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Not to be granted on the mere asking but on "justifiable cause" which means "sufficient cause" - Sufficient cause is something which is beyond the control of the party seeking adjournment - Advocate busy in another Court is not a circumstances which is beyond the control of such party...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 342, 149, 384, 511, 506 -- Anticipatory bail - Offence u/ss 341, 342, 149, 384, 511, 506 IPC - Specific allegations against petitioner that he organizing Dharnas/Demonstrations etc. outside the school premises regarding hike of fee structure - Various other educational institutions have..........
Civil Procedure Code, 1908, Order 17, Rule 1(2)(d) -- Adjournment - Advocate busy in some other Court - Not a ground to adjourn the matter...........
Indian Penal Code, 1860, Section 307, 326, 457 -- Offence u/ss 307, 326, 457 IPC - Delay in filing of FIR - Informant being guardian of two injured persons was busy in attending both of them in the hospital on critical conditions - Such delay in filing of FIR is not doubtful...........
Evidence Act, 1872, Section 27 -- Recovery of weapon - Recovery of time not mentioned - Place of recovery a busy road but no public witness joined and even no attempt was made to join public witness and there is no explanation also - There were blood stains on recovered article but no such fact mentioned in the recovery memo - Recovered article not sent to FSL to ascertain..........
Indian Penal Code, 1860, Section 302, 120B, 148 -- Murder - Bomb explosion - Conspiracy - Eye witness - Contradictions in the evidence of witnesses - When crime is committed at a busy bus stand, witnesses may not react in a normal manner and thus contradictions if any are minor and does not lead to any inference that there was any suppression of truth in this regard to..........
