Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 33.7 kg of Ganja - Inventory of seized article had been done long after alleged seizure and examination of samples by expert - Infact, inventory certified by Magistrate was the weight of articles produced before him and inventory had not been done according to provisions of S.52A of Act -..........
Criminal Procedure Code, 1973, Section 164, Indian Penal Code, 1860, Section 376 -- Statement of prosecutrix u/s 164 Cr.P.C. in a rape case - Should be handed over to I.O. immediately with a specific direction that contents of such statement should not be disclosed to any person till the charge sheet/report u/s 173 Cr.P.C is filed - Court rightly rejected application for..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased in her dying declaration stated that due to quarrel, accused persons caused her burn injuries on her legs, chest and other part of body - Doctor certified that deceased was conscious and fit for making dying declaration - Executive Magistrate took all precautions..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Suit regarding same subject matter pending between same parties in two different Courts - Continuation of two suits in two different jurisdictions has the potential of conflicting judgments - Taking into account the convenience of parties and also in the interest of justice, suit at place `A' is transferred to..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Evidence Act, 1872, Section 32 -- Dowry death - Two dying declarations - 85% burn injuries - Husband, mother-i, law and father-i, law harassing deceased for not fulfilling their demands for dowry and set her on fire after pouring kerosene oil upon her - No inconsistency between two dying declarations regarding involvement of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condonation of delay listed and dismissed on the same day for default - Certified copy of said dismissal order applied after 7 months - Application not filed even on the day when certified copy of dismissal order was supplied to petitioner - Ground of illness of one of petitioners raised for such..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4(1), 5(1), Constitution of India, 1950, Article 226 -- Unauthorized occupants - Ejectment - Allotment of booth by Municipal Corporation - Allottee failed to pay installments - Show-cause notice u/s.4(1) of the Act of 1971 served upon him - Eviction order passed under S.5(1) - Petitioner (tenant of..........
Evidence Act, 1872, Section 33 -- Certified copies of two witnesses recorded in previous judicial proceedings - One witness died and another witness not traceable - As per provision of S.33 of the Evidence Act such a statement is relevant evidence for proving the truth in subsequent judicial proceedings - So far as the contention that right of cross examination will be..........
Evidence Act, 1872, Section 90 -- Presumption u/s 90 does not apply to a copy or a certified copy even though thirty years old - However, if foundation is laid for the admission of secondary evidence u/s 63 of Evidence Act, by proof of loss or destruction of the original and the copy which is 30 years old is produced from proper custody, then only the signature..........
Evidence Act, 1872, Section 77 -- Certified copy of sale deed, is a public document, as it is a public record kept in the Registration Department of the State of a private document - It need not to be proved by calling a witness...........
