Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Disputed signatures - Determination of age of ink - Application for expert opinion filed at belated stage - Accused never came up with any specific defence until his statement u/s 313 Cr.P.C. was recorded - More so, accused has already been given..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Pilfering 10 kgs of heroine from Malkhana - Confession - Accused contended that statement recorded u/s 67 of Act cannot be read against him as it was not recorded during inquiry - No investigation is pending on recording of said statement - All that was pending was an inquiry during which statements as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Pilfering 10 kgs of heroine from Malkhana - Confession - Statement of accused recorded during an inquiry has to be read alongwith S.35A of NDPS Act as sufficient to enable the prosecution to prove culpability of accused without having to prove mens rea which is even otherwise writ large on the statement..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Pilfering 10 kgs of heroine from Malkhana - Retracted confession - Accused retracted after two months from the statement given u/s 67 of Act - Retraction by accused does not detract from the admission made in his statement recorded u/s 67 of Act - As the retracted statement may form the basis of a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 30 -- Pilfering 10 kgs of heroin from Malkhana - Confession of co-accused - Joint trial - Normally, statement of a co-accused, cannot be read against the other but an exception to this rule is set out in S.30 of Evidence Act when there is a joint trial - Since both accused persons..........
Civil Procedure Code, 1908, Order 8, Rule 1, 1A -- Late production of documents - Document in possession or power of defendant on which he bases his defence or claim for set-off or counter claim shall be produced at the time of filing of written statement - Defendant if not in possession of a document will state in whose possession or power it is - However, Court has power..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Eviction petition on ground of bonafide necessity - Subsequent event that son of landlord joined service for whose necessity eviction was sought - Plea of landlord that joining of service by son is merely a temporary stop gap arrangement and is necessary to earn livelihood -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is only the averments in plaint which are germane and pleas taken in written statement are wholly irrelevant - Plaint should be read in a meaningful manner and not formal and it should disclose a clear right to sue and, if by clever drafting has created an illusion of a cause of action, Court must nip..........
Criminal Procedure Code, 1973, Section 161 -- Statement of eye witness - Delay in recording statement - Belated recording of statements of eye witnesses would not ipso facto affect the prosecution case in view of fact that version as stated by PW2 was entirely found in the complaint lodged by PW1 within 2 or 2-1/2 hours of incident...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Accused contended that police came on the spot prior to registering the case, thus FIR is to be treated as statement recorded during investigation u/s 161 Cr.P.C. - However, defence is justified in his contention but that itself would not harm the case of prosecution as deceased was a political leader and information must..........
