Civil Procedure Code, 1908, Order 3, Rule 2 -- Power of attorney holder - There is no complete bar in the power of attorney deposing on behalf of plaintiff - Power of attorney holder who has personal knowledge of facts and of transaction, is competent to depose on these aspects on behalf of the principal...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury inflicted by accused was simple or minor will not itself rule out application of S.307 IPC - Determinative question is intention or knowledge as the case may be and not nature of injuries...........
Agreement to sell -- Specific performance - Plaintiff entering into agreement with defendant No.1 & 2 despite having knowledge of share of defendant No.3 & 4 in the property - Plaintiff is not entitled to the relief of specific performance...........
Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Mere fact that accused is resident of Delhi and he was apprehended in Mussoorie does not empower Courts to raise presumption of mental state - Accused did not have reason to believe that currency notes were forged or counterfeit because he was given those currency notes by one person as a payment - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 311 kg Ganja - Conscious possession - Recovery effected from secret cabin of vehicle - Personal mobile phones were also recovered from possession of accused and their driving licenses along with other documents also recovered from vehicle - Since secret cabin was made in drivers..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - If a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence of rape u/s 376 IPC unless it is established that consent for such sexual act was obtained by him by giving false promise of marriage with no intention of being adhered to and that promise made..........
Arms Act, 1959, Section 29(b) -- Offence u/s 20(b) of the Act - No evidence on record to establish that fire arm was handed over to co-accused by accused - On the contrary co-accused illegally took licensed fire arm of accused without his permission and knowledge and used the said weapon to murder deceased - Accused cannot be charged u/s 29 of the Act - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 307, 34 -- Bail - Cruelty - Accused arrested after non-bailable warrants issued against him - However, summons issued by trial Court were not served on him, as he had shifted his residence - Accused has no knowledge regarding the fact that charge sheet was filed against him and that summons..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Plaintiff categorically mentioned in his application U.O.6.R.17 CPC that he got knowledge about incorrectness of khasra number mentioned in the plaint after cross-examination of plaintiff - Order allowing amendment, upheld...........
