Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Mere fact that items sold to accused `M' were indeed stolen articles, in the absence of dishonest intention and with the knowledge or belief of same being stolen property, it would not be sufficient to attract S.411 IPC - Accused `M' acquitted...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused abused victim, grasped her hair and fell her down and pressed her breast and tore her blouse - Incident happened in a public place - Evidence of victim is corroborated by her husband and father-in-law - Nothing in rebuttal against recovery of torn blouse of victim - More so, after the incident..........
Adverse possession -- Possession must be open, clear, continuous and hostile to the claim or possession of the other party - All three classic requirements must coexist i.e., adequate in continuity, adequate in publicity; and adverse to a competitor, in denial of title and knowledge...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of plaintiff - Applicants by way of amendment sought to challenge oral gift deed which was inadvertently not challenged by their father/plaintiff - However, during life time of plaintiff, when cause of action to file suit arose, he was the best person to acknowledge the complete facts - Two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide - Allegation that accused provided his tractor trolly to co-accused for transporting poppy husk - However, there is not even an iota of evidence that accused knew about co-accused transporting poppy husk in his tractor trolly or that he had permitted them..........
Indian Penal Code, 1860, Section 302, 304(Part II), 323, 147, 148, 149, 447 -- Nature of offence - Dispute took place on the spur of moment and there was no premeditation - Accused `R' inflicted only a single blow on the head of deceased with a lathi - It was thus, in the knowledge of accused `R' that his act was likely to cause death, but same would not fall within ambit..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Respondent sated that on 6.6.2017 for the first time she had knowledge of her child marriage with appellant which was solemnized by her parents under the pressure of uncle of her father - No evidence on record that prior to said date she had knowledge regarding her marriage - Petition u/s 12 of the Act filed..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
Agreement to sell -- Specific performance - Bona fide purchaser - Clear variance between statements and evidence of PW1 and PW2 ascribing knowledge/notice to subsequent purchasers regarding agreement to sell - Subsequent purchasers even disputed said fact by stating that that they were not aware of agreement more so, when they already had an agreement in their favour from..........
