Indian Penal Code, 1860, Section 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Demand of dowry - Circumstantial evidence - Version of FIR is different version which was taken by informant and his son - PWs gave contradictory statements - Recovery of articles was a sham recovery - Motive of crime not established - Prosecution failed to prove its case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Ganja seeds - No specific allegation that Ganja seeds were supplied by petitioner to other person with an intention to receive back grown Ganja after cultivation - However, material on record shows that petitioner can be said to have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Contraband - Recovery effected from truck - Accused was neither arrested on the spot nor he was in the truck at the relevant time - He was arrested merely on the ground that he is registered owner of truck - No material produced against accused by prosecution to discharge initial burden to prove that..........
Criminal Procedure Code, 1973, Section 125, Hindu Succession Act, 1956, Section 15(1)(c) -- Maintenance to wife - Death of wife - Recovery of arrears of maintenance accrued till her death - Impleadment of mother of wife - Deceased died during pendency of her application for recovery of arrears of maintenance - Decree of divorce already granted in favour of husband - Mother..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of damages for defamation - Simply averring in the plaint that defamatory and derogatory statements have been made would not amount to disclosure of cause of action, particularly when plaint does not disclose any dates on which cause of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
Service -- Armed service - Dismissal - Appellant was commanding the force operating over a large area including where Jerry canes of controlled substances allegedly moved from Indian side to Pakistan side - However, actual manning of area is by subordinate personnel of force - Subordinate personnel have been adjudged guilty indicating their active involvement - No direct..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(C), 27(A), 29, 31(1), Criminal Procedure Code, 1973, Section 439 -- Recovery of 39.845 kgs Ganja - Bail - Accused has been in custody from 2021 and now more than two years have elapsed and trial has not yet started - He has no criminal antecedents - There is no possibility to complete trial..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Recovery of weapons of assault - Name of assailants of deceased not established in Court beyond a reasonable doubt - Conviction of accused cannot be based on only evidence of recovery of weapons of assault - Accused acquitted...........
