Indian Penal Code, 1860, Section 302, 307, 201 -- Triple murder case - Circumstantial evidence - Recovery of weapon of offence at the instance of accused - Recovery of hammer effected from a canal - Recovery panchnama shows that said hammer was having blood-stains which was packed in a bag which was put in water - Hammer was recovered from a place which is open and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27 -- Consumption of a narcotic drug - Contraband article allegedly consumed was not recovered nor is there any medical evidence to justify the allegation - Proceedings qua accused quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Inventory of seized contraband article was not prepared prior to forwarding the sample of contraband to FSL - Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient for compliance of the mandate of S.52-A(2) of the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Accused in jail for more than one year before being released on bail and has also compensated the complainant - Complainant in compliance of the order has also deposited an additional amount of Rs.10 lakhs - There is no purpose now to keep the proceedings pending in appeal before..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Merely recording that a prima facie case exists, that the balance of convenience is in favour of the grant of injunction and that an irreparable injury would be caused, would not amount to an application of mind to the facts of the case - The three-fold..........
Defamation -- Suit for defamation against publication of an article - In suits concerning defamation by media platforms and/or journalists, an additional consideration of balancing the fundamental right to free speech with the right to reputation and privacy must be borne in mind...........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Quashing of FIR - Offending news article was aimed at frustrating the proposed foundation stone laying ceremony on the land, of which complainant claims to be the true owner - There is no reference to any group or groups of people in the said offending news article - Publication focuses totally on the..........
Indian Penal Code, 1860, Section 397, 395 -- Offence u/ss 397, 395 IPC - Recovery of iron rod - Iron rod is an article which could be found anywhere - It is not the case of prosecution that any stolen article was recovered from accused - Recovery is doubtful - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
