Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, 9(1)(a)(vii) -- Contraband - Recovery of - Applicability of S.23 - In absence of any proof that accused was carrying contraband either in course of import into India or export out of India, S.23 of the Act is not attracted - Expression `tranships' occurring in S.23 must necessarily be understood in context..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Appellant - convicted for culpable homicide of his wife and assaulting her parents - Appeal - Both injured parents of deceased were eyewitness of occurrence and their presence on spot was natural - Only one single injury was found on skull of deceased - Appellant had come to take deceased with him when deceased was..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Accused convicted for murder of several persons - Murders committed in greed of money - However, accused were young and belonged to socially deprived section living in acute poverty - Accused completed/on verge of completing their education from jail - No material or information to show any..........
Criminal Procedure Code, 1973, Section 482, Prisons Act, 1894, Section 42, 45, 52A -- Possession of mobile phone by prisoner - Quashing of FIR - Held, S.52-A makes possession of mobile phone by prisoner and supplying phone by any person an offence - This section came into force on 08.03.2011 - FIR for offence dated 24.09.2009 - Since retrospective effect will not apply in..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photostat copy - Law as to - Analysed - (a) Photostat copy of a document can be allowed to be produced only in absence of original document; (b) When a party seeks to produce Photostat copy it has to lay the foundational facts by proving that original document existed and is lost or is in possession of opposite..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy - Principles governing are : (a) Photostat copy of a document can be allowed to be produced only in absence of original document; (b) When a party seeks to produce Photostat copy it has to lay the foundational facts by proving that original document existed and is lost or is in possession of opposite..........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal u/proviso to S.372 does not get..........
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........
Torts -- Claim for damages for libel - Defamatory article - First published in print media and then on website - Continued residing of defamatory material or article on the website does not give continuous cause of action to plaintiff to sue for defamation/libel - However, if there is re-publication resorted to by the defendant - with a view to reach different or larger..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 2(c) -- Illegal gratification - Public servant - Municipal Councillor - He is a public servant within the meaning of S.2(c) of the Act - Sub-section (viii) of S.2(c) of the Act makes any person, who holds an office by virtue of which he is authorized or required to perform any public duty, to be a public servant..........
