Evidence Act, 1872, Section 27 -- Applicability of S.27 of the Act - Two conditions are pre-requisite viz: (i) information must be such as caused discovery of relevant fact; (ii) information must relate distinctly to fact discovered - It is also essential that there should be a statement followed by discovery...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Evidence Act, 1872, Section 3 -- Illegal gratification - Trap Case - Alleged demand and acceptance of amount by accused-Police officer - Tainted currency notes found behind water pot outside police station and not chamber of accused - Test of ultra violet lamp positive over fingers and negative for thumb of accused -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to sudden quarrel in heat of passion on issue of accused coming in drunken state - Meanwhile, some altercation took place, due to which deceased just to frighten her husband/accused poured some kerosene from stove on herself - Accused under influence of liquor picked up stove..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Challenge on grounds as falsely implicated and non application of mind - Objection can be raised at threshold..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 22, 26 -- Advertisements on internet violating provisions of the Act - Prohibition of - Control on content of such advertisements - Court directed Nodal agency and expert committee along with representatives of Google, Yahoo and Microsoft to come together and give..........
Indian Penal Code, 1860, Section 302, 304PartI -- Nature of offence - Incident occurred due to sudden fight after exchange of words which resulted in altercation and accused attacked the deceased - There was no pre-mediation - Though accused had weapons in their hands but said weapons were only used during altercation in a sudden fight - Injuries suffered by deceased..........
Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - Death of both victims was not only pre-planned, brutal and cold blooded but appellant was aware that if he was in his senses he would not be able to kill victims and it for this reason that he consume country liquor before entering his house on fated night - Accused found to uneducated and belonging to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical errors - Pre-trial amendment - Courts are liberal in allowing pre-trial amendment, as suit is filed by plaintiff by paying necessary Court fee and he cannot be deprived of his right to amend the plaint at his choice - Moreover, no prejudice will be caused to parties by allowing said..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the request or prayer of the..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Right of private defence - Accused reasonably apprehended danger to his life when deceased `S' and his brothers started strangulating him after pushing him to floor - Shooting took place in a sudden fight in a heat of passion - Though accused exceeded his power of self defence but exercise of right was in..........
