Indian Penal Code, 1860, Section 302, 392, 397 -- Murder - Robbery - Circumstantial evidence - Accused, who is known to deceased committed her murder and robbing her jewellery which she was wearing at the time of her death - Medical report shows that death was caused by heavy blunt force impact which was sufficient to cause death in the ordinary course of nature - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Prosecution failed to explain as to why there was delay of 12 hours in recording statement of official witnesses - Material witness not examined by prosecution - I.O. has not even prepared the spot map - Contradictions in the..........
Evidence Act, 1872, Section 115, Specific Relief Act, 1963, Section 35 -- Estoppel - Representative in interest of the person who made a declaration, act or omission, intentionally permitting another person to act upon such representation, the representative of such person is precluded to dispute the truth of such statement - Decree passed in declaration suit binds..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI landlord requires rented four shops to construct a mall for running his own business as he wanted to shift in India permanently - Neither any resown to doubt the said statement nor there is anything on record to infer to the contrary - Petition allowed - Direction...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying Declaration - 100% burn injuries - Deceased stated in her dying declaration before doctor that accused burnt her - Nothing can have been more contemporaneous than dying declaration of deceased, prior to her death - No one from family of deceased is stated to have been present in the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Inconsistent contention - Contention which was inconsistent with the written statement already filed cannot be brought by amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Amendment regarding an earlier agreement in favour of plaintiff's wife - Non-reference to earlier agreement in the name of plaintiff's wife has no material value and would not cause any prejudice to defendant - Amendment rejected...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 - - Additional accused - Self incrimination - Prosecution cannot be launched against the maker of a statement falling within the sweep of S.132 of Evidence Act on the basis of "answer" given by a person while deposing as a "witness" before a Court...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 - - Summoning of additional accused - Witness deposed in his statement u/s 164 Cr.P.C. that at the initial stage he was a party to conspiracy but later on withdrew from conspiracy - Such a witness not be summoned as accused u/s 319 Cr.P.C. as no prosecution can be launched against maker of a..........
