Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Neither any inventory was prepared nor same was produced before jurisdictional Magistrate on the next date - There is thus, a clear violation of S.52-A of the Act - Appellants acquitted...........
Evidence Act, 1872, Section 65B -- Electronic record - Petitioner intends to mark two photos as document along with compact disk - These two documents are electronic records and admissibility of said documents depends upon conditions to be satisfied as contemplated u/s 65-B of the Act - Admittedly, no such certificate has been produced before trial Court - Question of..........
Will -- Proof - Will in question is a handwritten Will which is allegedly thumb marked by testator and it is attested by two attesting witnesses - However, one of attesting witness failed to prove that Will was executed in accordance with law - Moreover, Will was produced in first appellate Court during pendency of suit after nearly 30 years from its execution - Propounder..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting and finger print expert - Allowed by trial Court - His report produced and his examination-in-chief recorded - Defendant granted an opportunity to cross examine handwriting and finger print expert and defendant to lead further evidence to counter the evidence of handwriting and..........
Will -- Suspicious circumstances - Exclusion of natural heir - Will in question was proved by its scribe and attesting witnesses - No medical record produced to reach a conclusion that testator was not in sound mental and physical health when Will was executed - Defendants are not strangers but nephew of testator - Merely because defendants have been given suit property..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question dishonoured on account of insufficient funds - No evidence has been produced by accused that he does not have any account in bank on which cheque in question had been drawn - Testimony of complainant has not been shattered/diluted during cross-examination - Defence raised by accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
Protection to life and liberty -- Police protection - Guidelines in dealing with habeas corpus petitions, viz. (i) Such must be given a priority in listing and hearing before the Court - A Court must avoid adjourning the matter, or delays in the disposal of the case; (ii) In evaluating the locus standi of a partner or friend, Court must not make a roving enquiry into the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Commercial dispute - Defendants have not produced any document to show that there is any relationship between parties with regard to any business and defendants are using the property exclusively in Trade or Commerce - Plaintiffs on the other hand established that defendant is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - Two independent witnesses who were associated in recovery proceedings were not examined in evidence and no explanation was given by prosecution as to why they were not examined - Prosecution neither examined any witness nor produced any document to satisfy..........
