Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Building and rebuilding - Tenant contended that since landlord has not sufficient funds for reconstruction thus he cannot be evicted - Contention rejected, as petition cannot be allowed only on that point, since tenant did not cross-examine landlord when he appeared in witness box on the point that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(C) -- Recovery of 25.100 kg ganja - Non-joining of independent witness - Some passengers were asked to join the proceedings by police officials but they refused to join the same - Non-joining of independent witnesses in such situation, does not raise any adverse inference against police officials as there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 8, 15 of NDPS Act - Accused was not present at the time of recovery as he was arrested after more than 2 years of recovery - Except interrogation note of co-accused recorded by I.O, there is no independent evidence so as to connect accused..........
Evidence Act, 1872, Section 65A, 65B, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Where a witness or a party requests that evidence of a witness may be recorded through video-conferencing, Court should be liberal in granting such a prayer in order to save time and avoid delay - Court should take pragmatic view...........
Indian Penal Code, 1860, Section 302, 364, 34 -- Murder of 9 years old girl - Circumstantial evidence - Appeal against conviction - Accused acquitted as there is sufficient indication to doubt the prosecution story viz. : (i) dead body of deceased has not been physically identified as it was found in mutilated and decomposed state, but identification done is only based on..........
Indian Penal Code, 1860, Section 364A, 120B -- Kidnapping of 5 years old boy for ransom - Evidence of PW1, PW5 and PW6 are consistent on the point that ransom call were made by kidnappers and direction was given to them as to how ransom amount is to be paid - Ransom amount from the train compartment was picked up by accused, who was accompanied by his three associates and..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed hand writing - Expert opinion - Accused can seek opinion of handwriting expert and can examine him as a witness - No question arises for sending cheque to FSL - Accused can also apply for summoning the concerned bank officials to ascertain interpolation of the..........
Criminal Procedure Code, 1973, Section 231(2), 311 -- Recall of a witness for cross-examination - Alterations in Malkhana register - Prosecution itself admitted the fact regarding alteration in Malkhana register entries - Accused thus has a right to prove that same discredits the case of prosecution...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision - Report of demarcation available on file and demarcation was done by Halqa Kanungo - Petitioner has options either to accept the demarcation or file objections to the report of local commissioner or to summon said Halqa Kanungo as a witness for his cross-examination -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 5(C) -- Recovery of 180.450 kgs poppy straw (husk) - Illegal transportation - Independent witness not supported prosecution case regarding identification of accused transporting poppy straw - All other independent official witnesses in their one voice have deposed that accused did not possess anything and they..........
