Indian Penal Code, 1860, Section 302, 307, 120B -- Murder - Accused was not a part of group of four assailants who had stormed into the hospital - Apart from slender thread of motive there was nothing against accused - Benefit of doubt thus, given to accused No.1, hence acquitted...........
Indian Penal Code, 1860, Section 302, 307, 120B -- Murder - Role played by four co-accused (A-28, A-19, A-4,5) showed in CCTV cameras which were stored in hard disk and reproduced as exhibits duly accompanied by requisite certificate u/s 65-B of Evidence Act - Some of images definitely showed that they were having firearms in their possession - Sequence of events..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To attract offence u/s 307 IPC, intention or knowledge with which all acts are done irrespective of its results is material...........
Indian Penal Code, 1860, Section 307, 323, 325, 149, 148, 147, 143, 504, 506(2) -- Attempt to murder - Injuries sustained by complainant not serious - Injured has not given name of any other accused and he has changed his version time and again - There are contradiction in the weapons used in the scuffle as well as attempt of over implication of persons by complainant so..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 22, 50 -- Recovery of 1 kg 490 gms charas - Search and seizure - Neither intimation is sent to Superior Officer, nor any entry is made in the station diary - PW9 has sent 40 gms of muddamal to FSL whereas, as per letter of FSL, it has received only 28.526 gm - No explanation as to difference in weight is..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Execution and issuance of promissory notes not in dispute and signature found in promissory notes have been admitted, there is no need or necessity for plaintiff to give explanation for not obtaining thumb impression in suit promissory note...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - No mandatory provision under the Act that both signature and thumb impression has to be obtained for a pronote...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - When there is statutory presumption in favour of plaintiff, it has to be rebutted by proof and not by a bare explanation - Unless explanation is supported by proof, presumption created by provision cannot said to be rebutted...........
