Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Attempt to murder - Disclosure statement - Recovery of pistol - Pistol alleged to have been used in the crime was recovered from open space which is accessible to all - This fact in pursuance of disclosure statement of accused `S' is not acceptable as at the..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27, 26 -- Attempt to murder - Confessional statements - Accused implicated in the case on basis of confessional statements - However, no independent witness was either joined in investigation or examined in evidence - Except confessional statements of accused,..........
Guardians and Wards Act, 1890, Section 25 - - Custody of child - Claimed by father - Custody granted to father by trial Court - Contention of appellant/maternal grandfather is that no fair opportunity is granted to him to contest the matter - Contention rejected, as no explanation given by appellant as to why he did not cross-examine father of child nor let in any evidence..........
Guardians and Wards Act, 1890, Section 25 - - Custody of child - Claimed by father - Mother of child died in accident and father sustained injuries, which resulted in child residing with her maternal grandparents/appellants - Child continued to remain with temporary custody of appellants since then i.e for about 5 years now - Even though father married again but his second..........
Protection of Women From Domestic Violence Act, 2005, Section 25(5) -- Alteration/modification of order passed under the Act - Order passed under the Act is not perpetual in nature in view of S.25(2) of the Act, as it may be altered, modified or revoked if there is a change in circumstances and for that purpose aggrieved person or respondent may approach Magistrate under..........
Protection of Women From Domestic Violence Act, 2005, Section 25(5), Criminal Procedure Code, 1973, Section 127 -- Expression `change in circumstances' under both the provisions i.e under Cr.P.C and under PWDV Act are used in connection with alteration of an order of maintenance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 8 plastic bags of poppy straw - Sample - Seizure officer mixed the contents of all bags and collected only two samples from entire material - Individual samples from each bag not collected by Seizure officer - Collecting sample from mixture is thus, not a correct way of sampling in a case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Recovery of 8 plastic bags of poppy straw - Conviction u/s 25 of the Act - No material whatsoever on record of case to believe that accused knowingly permitted or allowed offending vehicle to be used by another person for transportation of contraband poppy straw - Conviction u/s 25 of the Act thus, cannot..........
Special Marriage Act, 1954, Section 25(i), 27(1)(d) -- Annulment of marriage - Non consummation of marriage due to impotency of husband - Husband seeking virginity test of wife - Trial Court rejected the application by relying on a passage of a renowned author that "Virginity test is not a reliable indicator of a female having actually engaged in sexual intercourse because..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of one live cartridge - No whisper of an averment in FIR as averred in charge sheet that petitioner was aware of being in alleged conscious and knowledgeable possession of ammunition in question - FIR along with proceedings emanating therefrom against petitioner quashed...........
