Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 450 gms charas - Case property produced in Court while recording the statement of PW10 - However, person who brought the case property from Malkhana to Court not examined - No entry is made in the Malkahana register as to who has taken the property to Court and re-deposited the same - It casts..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking off defence - Written statement filed on the date when application for striking off defence was moved - No ground to strike off defence, as defendant was granted time to file written statement till that date and same has been filed on that very date - Application for..........
Suit for possession -- Suit for possession and mesne profits - Will - Title documents coupled with father's Will in favour of plaintiff prove that he had undisputed title and ownership of suit property - Even without proof of Will, title of plaintiff was proved by Patta and construction evidences - Only permissive possession was given to defendant - Moreover, defendant..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased a man of criminal antecedent and he himself indulged into quarrel with accused and was going to fire at him - None of PWs examined in support of prosecution case, can be termed to be wholly reliable, as at different places they gave different statement - Even wife and son of deceased not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea U.O.7.R.11 CPC can be raised at any relevant time and even before filing of written statement...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Evidence Act, 1872, Section 3 -- Testimony of a witness - Evidentiary value - Entire testimony of a witness should not be discarded only on account of detecting some falsehood in the statement ofa witness, who is otherwise consistent and reliable - However, if a witness is found u, dependable and u, reliable his evidence cannot be split to grant benefit to some co-accused..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Marriage of deceased and accused was solemnized about 11 years prior to alleged occurrence - No injury was found on the person of deceased - Not only contradictions and discrepancies are there in the statement of PW1 but allegations mentioned in complaint were contrary to statement recorded before trial..........
Evidence Act, 1872, Section 3 -- Eye witnesses - Statement of eye witnesses recorded after three days of occurrence - No explanation as to why they were not examined for three days - No evidence on record as to how police came to know that these witnesses saw occurrence - Eye witnesses not wholly reliable witnesses in view of their unexplained silence and delayed statement..........
Civil Procedure Code, 1908, Order 11, Rule 14, 12 -- Production and discovery of documents - Matrimonial dispute - Documents sought to be produced are regarding income of husband - Trial Court dismissed the application on the ground that income of husband is not in dispute in the main petition for restitution of conjugal rights - Said finding of trial Court is erroneous as..........
