Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 4, 25 -- Murder - Circumstantial evidence - Last seen theory - There is no clinching circumstance which reveal that deceased remained with accused at the night of incidence - Theory of last seen does not inspire confidence - Confession made by accused to police officer is not admissible in view of S.25 of..........
Indian Penal Code, 1860, Section 392, 397, Arms Act, 1959, Section 25 -- Robbery - Robbed article i.e mobile phone was not recovered from possession of accused - Complainant did not state if present accused after snatching mobile from him had handed over it to associate on motorcycle - PWs gave divergent statements regarding recovery of knife - No other public person..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2(3), 151 -- Amendment of plaint - Suit for recovery of physical possession of suit property - Amendment sought to claim damages and mesne profits towards rent and hire charges - Amendment sought will avoid multiplicity of proceedings and cause no prejudice to defendants - Plaintiffs..........
Limitation Act, 1963, Section 18 -- Acknowledgment of time-barred debt - Recovery suit - Limitation - Suit can be filed on the basis of written promise to pay time-barred debt as it is valid contract and enforceable in law - Written promise to pay time-barred debt by itself furnished fresh cause of action - Suit not barred by limitation - Dismissal of suit held not proper...........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Inadequate consideration - Sale deeds cannot be declared as null and void on the ground that consideration is inadequate or that entire consideration is not paid - Quantum of consideration depends upon circumstances in which sale took place - If any part of sale consideration is due, vendor has..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Circumstantial evidence - Recoveries of blood stained clothes and weapon of offence at the instance of accused is doubtful - In the absence of any other evidence merely because blood found on deceased matched with the blood found on clothes of accused and recovered weapons it will not be safe..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439 -- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of seven cannabis plants from bari of accused - Neither it is stated as to what was the size of that bari and its area nor Revenue Inspector has whispered about it - Even, there is no evidence on record to prove that accused has cultivated the cannabis plants or that such growth of the plants was..........
Indian Penal Code, 1860, Section 382, Criminal Procedure Code, 1973, Section 482 -- Hypothecated vehicle - Bank forcibly taking possession - Default in payment of installments - Use of force is not permissible under Hire Purchase agreement and finance company has to follow due process of law to repossess the vehicle - Moreover, whether force was used or not by recovery..........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 18(c) -- Manufacturing and sale of drugs - Recovery of drugs like Dettol, Boric Acid etc. - No evidence to show that accused had either got the possession of scheduled drugs for the purpose of sale or was selling the said drugs or had stocked/exhibited the said drugs for sale - Possession simpliciter of scheduled drugs is..........
