Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - Major contradictions in deposition given by informant - Material contradictions in deposition of informant regarding the manner in which incident took place and with regard to which information about the incident was given by her grand daughter - Independent witnesses did not support the case of prosecution -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of panch witnesses of recovery of clothes of appellant as well as victim - Signatures of panch witnesses were obtained on written paper at the instance of police - Said witnesses had no occasion to go through contents of said panchnama - Thus, High Court has committed an error while placing reliance upon stains of..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Summons were duly served on the address given by appellants lawyer - Procedure prescribed U.O.37 CPC was adhered to - O.37.R.4 CPC is very categorical that power enshrined therein has to be exercised only on special circumstances - No special..........
Agreement to sell -- Specific performance - Ready and willing - Mere presence of plaintiff before Sub Registrar may lead Court to infer willingness of plaintiff but it does not prove his readiness - In order to prove his readiness, plaintiff was required to prove that he possessed financial competency on appointed date i.e., to perform his part - Ingredients of S.16(c) of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Testimony of official witnesses - Material contradictions in the statements of official witnesses regarding weighment of contraband - Memo of arrest is shown to have been signed by father of accused - Recovery of opium was allegedly effected from possession of accused in the area of village..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Independent witness - Material discrepancies in the statements of PWs with regard to recovery and other material aspects and only one independent witness was joined in the investigation - However, said witness was given up by prosecution being won over by accused - However, independent witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Search and seizure - CFSL Form was not prepared at the spot and sample seal impressions were not preserved and were not deposited with MHC of Police Station with case property and not transported to Director CFSL with samples for comparison of seal - Seal was not handed over to independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Statements of PWs are contradictory on the material points as they differ regarding time of reaching at the spot, duration of time for which they had remained at the spot and when ruqa was sent - They also differ as to whether people were passing from there or not - These discrepancies assume..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Where sale has been completed and title of property has been transferred in favour of transferee, even if full sale consideration has not been paid by transferee to transferor, sale deed cannot be cancelled by Court - In such a situation, transferor can file a suit for recovery of balance sale..........
