Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Cheating - Allegation that accused persons committed offence of cheating with the help of forged Will for purposes of mutation of land belonging to husband of complainant - No certified copy or original proceedings of Revenue case ever produced or used as evidence before Trial Court - No evidence on record that..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Irrespective of fact whether property has evidentiary value or not, it is not necessary that original of property has to be kept intact without alienation - Photography or photostat copy of property can be taken and made a part of record duly certified by Magistrate at the time when interim custody..........
Evidence Act, 1872, Section 74, 78 -- Gazette notification - Proof - Gazette notification, in the nature of public document, can be proved by mere tender of certified copy thereof - If certified copy is found to be incomplete, presumption of genuineness attached to government notifications, could not be ignored - Rather, Court can call for complete and correct copy of..........
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..........
