Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Appeal against conviction - Conviction upheld, as prosecution proved its case by completing the chain of events and link the accused to crime as follows: (i) Recovery of three buttons of shirts of accused at the spot proved on record, which he was wearing at the time of occurrence; (ii) Recovery of..........
Civil Procedure Code, 1908, Section 16, 20 -- Suit for recovery of money - Jurisdiction - Place where cause of action arises, shall be place of filing of suit and the same is to be dealt by Courts having local jurisdiction - In present case, cause of action arose in Kumbakonam and Karaikudi, therefore, Madras Court has no jurisdiction to entrain the suit...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 250 gms charas - Conscious possession - Accused was apprised of his legal right to be searched before a Magistrate or a Gazetted Officer - Consent memo was prepared - Case property was produced before SHO and same was resealed with seal impression and sent to FSL also - Samples have reached FSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Appeal against conviction - Recovery of 830 gms charas from car - Accused `M' driving car whereas accused `S' sitting with him - No evidence on record to show that accused were in conscious and exclusive possession of contraband - Moreover, there is no connectivity with regard to recovery of contraband by..........
Hindu Law -- Sale for legal necessity - Recovery of possession - A Hindu widow sold suit property as she was unable to cultivate land personally and land was not giving sufficient income - More so, she wanted to repay the loan and to use the remaining money for family expenses and maintenance - Legal necessity proved - Plaintiff not entitled to relief - Suit dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg charas - Non-association of independent witnesses - Place of incident was not a secluded place - Non-association of independent witnesses by police in such situation, raises serious doubts about truthfulness of version of story of prosecution - Prosecution otherwise also not able to give..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg charas - Inconsistencies and contradictions in the testimony of police witnesses - Material on record gives a looming impression that testimony of police officials is neither cogent nor it is trustworthy - No independent witness worth its name was associated by police to corroborate its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 464 gms charas - Charas recovered from bag of accused - S.50 of the Act not attracted - Question of no, compliance of provision of S.50 of the Act, does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 464 gms charas - Recovery effected from bag of accused when he was travelling in bus - Search, seizure, sampling proceedings were completed at the spot strictly in accordance with law - Case property was produced before PW11, who resealed the same with six seal impressions - PW2 and PW9 though..........
Indian Penal Code, 1860, Section 379, Evidence Act, 1872, Section 3 -- Theft of motor cycle - Motor cycle recovered while lying at an unattended condition - Accused arrested without there being any evidence so as to connect him with the alleged crime - Arrest memo not exhibited by prosecution during its evidence - Circumstance of recovery cannot be used against accused -..........
