Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 100 kg Ganja - There are reasonable grounds to believe that petitioner is not guilty of said offence - Entire case so far petitioner is concerned is circumstantial i.e. based solely on disclosure statement of co-accused which is per..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 of the Act - Petitioner not mentioned in FIR and he has been implicated on basis of disclosure statement made by co-accused - Earlier case under NDPS Act was there against the petitioner and that police official who was member of raiding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It is statement of complainant which has rebutted presumption regarding cheque that it was issued towards discharge of legal liability - Even, during cross-examination complainant admitted that he is not aware about business of accused for which alleged loan was advanced -..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 120B -- Murder - Extra-judicial confession of co-accused - PW3, to whom extra judicial confession alleged to be made, while recording his statement u/s 164 Cr.P.C, has not made such statement of extra judicial confession made by co-accused - In addition there are no other circumstances on record to..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 120B -- Disclosure statement - Recovery of torn page of bahi and ledger - Murder - Dispute regarding some money transaction - Alleged bahi was never produced to prove the provonance of torn piece of blank paper containing signatures of deceased - Similarity of ink on said torn piece of paper and ledger..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Murder - Testimony of eye witnesses - Incident was witnessed by PW8 and PW9 - They have seen accused inflicting knife blows to deceased - Knife was recovered at the instance of accused on the basis of disclosure statement - Injuries were ante mortem in nature and were sufficient to cause death in ordinary course of nature -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Criminal Procedure Code, 1973, Section 154, 161 -- FIR - FIR was lodged on the basis of report lodged by PW16 with SHO - Any subsequent report submitted by PW16 could be at best treated to be a statement u/s 161 Cr.P.C and could not be admitted in evidence by marking exhibit thereupon...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific pleading - When not specifically denied by defendant, it is deemed to have been admitted...........
Extradition Act, 1962, Section 7, 10, 17 -- Extradition - Challenge against enquiry report - Extradition to Thailand for offence of murder - Plea of petitioner/accused that since enquiry report was not given to him on time he could not file his written statement - He also pleaded that despite having spent nearly four years in custody in India, there is no mention of the..........
