Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of three bags containing 106.500 gms poppy husk - Conscious possession - Major contradiction in the statements of PWs as to from where contraband was recovered - It makes the recovery highly doubtful - Prosecution failed to prove that contraband was recovered from the conscious possession of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Court must explain charges framed against accused person with clarity and precision as possible of matter with which he is charged and convey what prosecution intends to prove against him and of which he is required to clear himself...........
Indian Penal Code, 1860, Section 457, 380 -- Offence u/ss 457, 380 IPC - Three different stories regarding recovery of articles on record - Whole prosecution story based on recoveries made from accused but no recoveries proved as per law nor it was established that recovered goods were same which were stolen - Prosecution failed to discharge its duty to prove offences..........
Suits Valuation Act, 1887 -- Suit for possession based on title - It is not necessary for plaintiff to prove his dispossession for seeking relief of possession - Plaintiff on the basis of his title can recover back possession of suit land - It is for defendant to show that he is in adverse possession of suit land for 12 years before filing of suit - Moreover suit for..........
Adverse possession -- No ingredient of adverse possession on record - Defendant has thus failed to prove his adverse possession...........
Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not properly served - Specific plea of defendant that he was not even residing at the address given when he was sought to be served - In that situation, heavy onus was on plaintiff to prove signatures of defendant on the notice issued by trial Court, which failed to do..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Appeal against acquittal - Prosecutrix stated that complaint filed on behalf of her was not dictated by her and same was prepared by her brother and that contents of complaint were not read over to her at the time of filing the same - Parents of prosecutrix declared hostile - Prosecution failed to prove charges..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to prove that cheque was issued towards a legally enforceable debt - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 376(2)(f), 506 -- Appeal against acquittal - Leave to appeal - Rape - Prosecutrix not levelled allegations of rape in her first version before police - Allegations of rape levelled by prosecutrix after period of 8 days from date of occurrence - Civil disputes pending between parties relating to..........
