Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Time gap between deceased last seen with accused persons and recovery of his body is long - No definite evidence that deceased and accused were last seen together - No other piece of evidence to corroborating last seen theory - It would be dangerous to come to conclusion that..........
Criminal trial -- Circumstantial evidence - Last seen theory - Where time gap is long it would be unsafe to base conviction on last seen theory - It is safe to look for corroboration from other circumstances and evidence adduced by prosecution...........
Will -- Proof of - Unregistered Will disclosed after 14 years of death of testator - No satisfactory explanation given by petitioner for the same - Suit property already in possession of another daughter of testator on the basis of registered sale deed - Moreover, due execution of said sale deed has been admitted by testator - Concurrent findings of Courts below cannot be..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Separate agreement for reconveyance - Conditions for reconveyance including condition of time is required to be strictly complied - In case of agreement to reconvey time is ordinarily regarded as an essence of contract - Original vendor is required to..........
Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, Section 4, 7 -- Restoration of land to tribals - Revision - Once the revision is held to be within time, even if a tribal transferor is not interested to get back his land by refunding the purchase price, the Collector cannot drop the proceedings, but has to proceed further and divest the non-tribal transferee..........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Appeal against acquittal - Name of accused persons were first time disclosed by prosecutrix after her recovery - Prosecutrix did not level any allegation against accused but when her statement u/s 164 Cr.P.C. was recorded, she named these accused..........
Indian Penal Code, 1860, Section 279, 337, 324A -- Offence u/ss 279, 337, 324-A IPC - Application for permission to sell the vehicle in question - Petitioner is owner of vehicle and said vehicle is already released on `Supurdaginama' - Vehicle is not required for the purpose of trial of case, as report regarding physical condition of vehicle and mechanical defect, at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100(4) -- Recovery of 5 bags of poppy husk - Non-joining of independent witness - House in question raided on secret information, but no public person or neighbour called at the time of house search, which is mandatory as per S.100(4) Cr.P.C. - Non compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Delay of 10 days in sending sample to FSL - No explanation for withholding the sample for such a long time - Delay fatal to prosecution case...........
Customs Act, 1962, Section 12 -- Dutiable goods - Levy of customs duty u/S.12 of the Act is only on goods imported into India - Goods are said to be imported into India when imported goods are brought into India from place outside India - Unless such goods are brought into India, act of importation which triggers levy does not take place - If goods are pilferred after..........
