Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 27 -- Secret information - Conscious possession - Disclosure statement - Search and seizure - 30 bags of poppy husk allegedly got recovered which were buried in the sand near Satluj river - Independent witness of alleged recovery held to be stock witness and not examined by..........
Will -- Contents of Will not known to attesting witness - Not a suspicious circumstance...........
Will -- Mistake in name of village of one of the attesting witness - Not a ground to hold that witness had not attested the Will - Once Will is proved to have been executed in his presence, the mistake in the village at the hands of scribe is not sufficient to discard the Will...........
Will -- Suspicious Circumstances - Will proved to have been executed in presence of attesting witnesses - Scribe mentioning wrong name of village of attesting witness - No dispute as to identity of witness - Mistake in description of village not material to discard will ...........
Will -- Role of attesting witness in execution of Will - Not required to have knowledge of contents of Will - Attesting witness is a witness of the fact that testator has signed or thumb marked the will in his presence - No provision of law under which attesting witness must have knowledge about contents of will - Lack of knowledge of contents of will of the attesting..........
Criminal Procedure Code, 1973, Section 311 -- Case posted for judgment - Even at that stage Court can permit any witness to be examined or re-examined when it is satisfied that evidence of such witness is necessary for just decision of the case...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit on account of failure to produce any witness - Witness summoned through process of court after deposit of diet money - Ordered summoning through bailable warrants - Did not appear - Trial Court closed evidence and dismissed suit - Orders against provisions of CPC - Prejudice caused to plaintiff - Court..........
Criminal Procedure Code, 1973, Section 386 -- Suspension of sentence - No recovery of weapon of offence at the instance of appellant - Appellant has been in incarceration for a period over of 6-1/2 years - He has no criminal antecedents - Eye witness did not support the prosecution case quathe appellant - No motive of crime attributed to the appellant - Sentence of..........
Indian Penal Code, 1860, Section 376 -- Rape - Appeal against conviction - Accused persons made prosecutrix fall on earth, gagged her mouth and committed rape - Statement of prosecutrix remained unchallenged and was duly corroborated by statement of eye-witness, found to be worthy of credence - Seizure memo showing that salwar of prosecutrix was torn from front as stated..........
Indian Penal Code, 1860, Section 302 -- Murder - By room mate - Landlord or other witness not produced to prove that accused and deceased shared the room - Evidence of last seen found doubtful - Extra judicial confession not enough to conclude that accused committed the murder - Accused acquitted...........
