Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 650 gms - Non production of original seal in Court for comparison purpose - Acquittal upheld...........
Service -- Dismissal - Personal gain - Respondent/bus conductor carrying 25 passengers without ticket - Conduct of respondent clearly shows factum of personal gain - Non-recovery of amount does not mean that there was no personal gain to respondent or concealing of corruption for personal gains by lodging a report with police regarding misplacing of waybill by respondent..........
Indian Penal Code, 1860, Section 302, 323, 148, 149 -- Murder - Death due to gun shot injury - Accused armed with guns, pistols and lathis - Three firearms were used in the incident - Two cartridges were fired from the gun recovered from accused - Non-recovery of gun from accused or opinion of ballistic expert regarding three cartridges does not in any way raise doubt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of Sulpha (charas) - Appeal against acquittal - Leave to defend - Material contradictions and discrepancies in the statement of PWs regarding search and seizure - There was delay in sending samples as well as special report to Area Magistrate - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Not certain that case property remained intact throughout - Acquittal calls no interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Appeal against acquittal - In cases of acquittal, there is double presumption i.e. presumption of innocence and secondly that accused has secured an acquittal - Court would not interfere until it is shown conclusively that inference of guilt is irresistible...........
Civil Procedure Code, 1908, Section 34 -- Interest - Recovery suit - Commercial transaction - S.34 CPC confers discretionary power upon Court to award interest at appropriate rate on the suit claim...........
Limitation Act, 1963, Article 91(a) -- Misappropriation of bonds - Recovery suit - Applicability of S.91(a) of Act - Bonds are specific movable property, which is capable of being possessed - Art.91(a) of Act would apply to it for the purposes of limitation...........
Limitation Act, 1963, Article 91(a) -- Misappropriation of bonds - Recovery suit - Limitation for filing the suit for compensation is three years from the date on which the person having right to possession of property learns in whose possession it is - Instantly, suit filed within three years from the date of knowledge with regard to a specific person in whose possession..........
Indian Penal Code, 1860, Section 302, 392, 328, 201, 473, 420, 34 -- Taxi hired by accused persons to visitvarious temples - Body of deceased taxi owner found after 10 days - Prosecution duly proved that vehicle was hired by accused - Recovery of vehicle and registration of vehicle duly proved - Recovery of knife, rod, rope and30 tablets of lorazepam from vehicle made -..........
