Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 150 gms. - Contradictions - Not such as to cause doubt on prosecution case - Sample drawn by IO and deposited with SHO - No contravention of S.55 of the Act - Specimen seal 'H' tallying with seal 'H' on NCB form - Contention that copy of FIR, specimen impression of seal and NCB forms..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Specific performance - As per the report of Forensic Science Laboratory the stand taken by defendant-appellant with regard to not making of thumb impression on the agreement to sell found totally false - There is sufficient evidence to sustain the concurrent findings of fact with regard to..........
Evidence Act, 1872, Section 4, 73, Constitution of India, 1950, Article 23 -- Specimen of handwriting or thumb impression of person in custody - Article 23 of the Constitution was not infringed by taking the specimen handwriting or signature or thumb impressions of a person in custody...........
Industrial Disputes Act, 1947, Section 25F -- Back wages - Termination - Reinstatement - No rule of thumb that in every case where Tribunal/Labour Court gives a finding that termination of service was in violation of S.25-F of the Act, entire back wages should be awarded - Factors to be considered are: Manner and method of selection and appointment i.e. whether after..........
Evidence Act, 1872, Section 73 -- Similarity of disputed and admitted thumb impressions - As per science of thumb impressions, similarity of ridge characteristics of at least eight points is essential...........
Court Fees -- Paid under compulsion or bonafide mistaken impression - Refund of - Plaintiff had a right to claim refund of the Court Fee...........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Dying declaration - Thumb marked - Ridges and curves of thumb impression very clear - Deceased had 90% burns - From the testimony of doctor it clear that thumb and figurers of deceased had 1st to 3rd degree burns - Dying declaration not relied upon - Accused acquitted...........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Dying declaration recorded by Executive Magistrate - Opinion of doctor as to whether deceased was fit to make statement not taken though doctor was present - Magistrate stating that PW8 Asstt. Sub Inspector was not present at the time of recording dying declaration whereas PW8 stating that dying..........
Evidence Act, 1872, Section 45 -- Rebuttal of expert opinion by expert opinion - Held, when one party is granted permission to produce expert opinion for hand writing or thumb impression in dispute then the best way to rebut the expert opinion is by another expert opinion...........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Certificate of doctor that deceased was fit to make statement - Face and hands of deceased were also burnt - Deceased being in this position could not have thumb marked the dying declaration nor could she state anything before Sub Inspector of Police - Dying declaration not believable...........
