Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 3(k)(i), 17, 18, 29, 33, Insecticides Rules, 1971, Rule 27(5), 29(1)(A) -- Quashing of complaint - Delay in filing of complaint - Offence u/ss 3(k)(i), 17, 18, 29, 33 Insecticides Act and Rr.27(5), 29(1)(A) of Rules - Sample sent for a second laboratory test on request of accused - Is of no help..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25 -- Additional evidence at appellate stage - Additional evidence taken into consideration while deciding appeal without affording opportunity to opposite party to file rebuttal evidence to counter additional evidence - Appellate Court could have set aside judgment and remanded case to trial Court to enable parties to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 353, 186, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 353, 186, 148, 149 IPC and Ss.25, 27 Arms Act - As per prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty - However, no..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1)(a), 27 -- Attempt to murder - Investigation of the case made by Subordinate Officer to complainant not proper and thus, not relied upon - No independent witness of recovery and arrest of accused - There was thus, no fair investigation of case - No reliable and cogent evidence on record against accused -..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Basic premise of S.27 of the Act is to only partially lift the ban against admissibility of inculpatory statements made before police - If a fact is actually discovered in consequence of information received from accused, such condition would afford some guarantee...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 392 -- Recovery of rope - Murder case - Accused cannot be convicted on the basis of recovery of rope which was used for committing the offence in the absence of any link of rope with crime, as it is a common material or thing which is available anywhere in market or at every household - Accused..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Double murder case - Gunshot injury - Injury on the base of chin of deceased - Said injury cannot be caused while holding gun from front and it is not possible to put gun under chin to cause such injury, considering that deceased `M' was a young and energetic man - Injury on the base of chin of deceased is..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Double murder case - Gunshot injury - Injury on the base of chin of deceased is apparently suicidal - Deceased shot dead his girl friend as her engagement was fixed with another guy - Once deceased killed his girl friend, he is likely to get frustrated and was also afraid of consequences of her murder,..........
Evidence Act, 1872, Section 27 -- Confession - Dacoity with murder - Accused confessed that he broke doors of house of informant with the aid of heavy stones and assaulted inmates with pieces of wood (sticks) - He categorically stated that he and co-accused were guarding at the outside while other accused were committing theft - Recoveries of used polythene pouches of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Discretion to allow or to reject additional evidence could be judicially exercised only at the stage of finally considering the appeal - It is not to be considered prior to appreciation of evidence on record...........
