Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed with energisation of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event defendant/Electricity Board is permitted to proceed with the energisation of Electricity sub-station - However, in the event plaintiffs are able to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Transportation of 3563.28 kgs Ganja - Non-production of entire consignment of ganja in Court - Search and seizure of ganja from accused was duly proved - Neither entire consignment of ganja nor 186 polythene packets were produced in Court - However, Magistrate deposed that he duly certified entire..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Will - Issuance of notice u/s 66 of the Act - Application filed U.O.11.R.14 CPC seeking direction to the defendants to produce Will - Amounts to sufficient notice to the defendant to produce Will in question - Application cannot be dismissed on the ground of no, issuance of notice u/s 66 of the Act - Application..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Once accused were arrested at the scene of occurrence itself and produced before police, omission to hold TIP or produce someone from public in support thereof, would not adversely affect the prosecution case...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54, 59 -- Summoning of additional accused - Land dispute - Complainant and his injured brother stated in FIR and in Court that both petitioners were present on the spot - Even, fire arm injury attributed to petitioner corroborated by medical evidence..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of documents for comparison of thumb-impression cannot be sent to Forensic Science Laboratory - But plaintiff shall be at liberty to produce on record the copy of written statement along with list of reliance of documents, in a suit for recovery, as an evidence, in support of the defence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Personal seal was not produced in Court - Evidence of PW13 is completely silent as to whom his personal seal was handed over - Zimanama of personal seal not proved during trial - Even personal seal was not produced in Court - Handing over brass seal to..........
