Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Recovery of poppy husk - Contraband recovered from pit covered with soil in the field - No evidence on record that accused was in possession of such land - Investigation of case has been conducted in a very causal and unprofessional manner - I.O did not find anything incriminating against persons who..........
Evidence Act, 1872, Section 3 -- Evidence - Merely making a submission and raising a ground cannot be a substitute for evidence which is required to be led to establish a plea...........
Joint Family Property -- In absence of any cogent and relevant evidence to indicate existence of common nucleus, joint family, use of funds to create suit property, it cannot be said that suit property is of a joint family merely because parties are related to each other that too in second degree...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction raised by defendant is a mixed question of law and facts - Trial Court already framed issue to decide jurisdiction of Court to try dispute between parties - For the purpose of said issue, both the parties would have opportunity to lead evidence if necessary - Moreover, disputed..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband has not come forward to contest the appeal/divorce petition, nor he has led any evidence before family Court save for his affidavit which was also his testimony verbatim - Therefore, for all intents and purposes, husband has distanced/divorced himself from wife's life as discernible from his..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9 -- Temporary injunction - Appointment of Local Commissioner - Court cannot appoint Commissioner, as collection of evidence cannot be permitted while deciding application U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Can be directed only after recording of evidence...........
Civil Procedure Code, 1908, Order 11, Rule 11, 22 -- Interrogatories - Answer given in response to interrogatories can be used in evidence - Correctness and veracity thereof will be established only at trial - False answers given can be visited with consequences like perjury in accordance with law, since answers given in response to interrogatories can be used in evidence..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Daughter of parties PW2 categorically deposed that her mother/wife is not residing in matrimonial home with her father/husband - She withstood the cross-examination and there is no reason to disbelieve evidence of PW2 to depose falsely against her mother - More so, wife admitted in..........
Indian Penal Code, 1860, Section 304B -- Offence u/s 304-B IPC - Act of accused was not such which cannot be substituted by giving lessor sentence then life imprisonment - Medical evidence corroborates facts and circumstances of case - Period of 12 years which accused spent is enough punishment in facts of the case...........
