Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Grant or refusal of bail - Factors - Court should exercise discretion in a judicious manner and not as a matter of course - Prima facie reasons as to why bail is being given must be indicated specially in case of a serious offence - Court to consider nature of accusation and the severity of punishment in case of..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- General power of attorney holder - Not a substitute to the party - Not competent to appear as witness in the capacity of party and depose about facts within exclusive personal knowledge of the party - However, he can depose about facts which are within his personal knowledge...........
Criminal Procedure Code, 1973, Section 311 -- Witness - Recall - PWs examined - Accused thereafter obtaining affidavits from PWs to the effect that they had deposed falsely - Request of accused to recall the PWs rightly dismissed - It is evident that affidavits were procured by giving some allurement - Accused was making mockery of process of law...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24, 27 -- Murder of wife - Conviction - Extra judicial confession - Father of the victim deposed that accused used to torture his daughter and despite his intervention accused did not mend his ways - His evidence corroborated by other witnesses - Statement in Court by three witnesses that the accused told..........
Indian Penal Code, 1860, Section 302, 34 -- Offence u/s 302 r/w S.34 IPC - Conviction - Evidence of eye witnesses sons of deceased not corroborated by independent witness - Weapon alleged to be used found to be incapable of causing skull fracture in normal course - Seizure/discoveries denied by panch witness having made in their presence by I.O. - Motive for murder most..........
Evidence Act, 1872, Section 154 -- Hostile Witness - Evidentiary value - If a witness is declared hostile it does not result in the automatic rejection of his evidence - Evidence of a hostile witness if it finds corroboration can be taken into account while judging the guilt of an accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 42 -- Contraband - Recovery - Except that four persons were standing near three vehicles no other circumstance to suggest that accused were in conscious possession of material recovered from tractor and jeep - Nothing recovered from motor cycle - Recovery memo signed by accused is of no effect - Motbirs..........
Indian Penal Code, 1860, Section 302, 149, 323, 149, 148 -- Conviction of six persons - PW 6, injured during incident and two other independent witnesses were eye witnesses - Trial Court relied on their testimony - Non examination of other witnesses does not affect prosecution case - Non explanation of injuries on person of accused not fatal to prosecution case as injuries..........
Departmental Enquiry -- Dismissal - Charge of forging the signatures of arms magistrate for issuing of gun licence - Document demanded by the petitioner was not produced before the inquiry officer - Arms magistrate who was material witness not examined - Opinion of the handwriting expert not produced - Entire departmental proceedings vitiated - Moreover petitioner..........
Civil Procedure Code, 1908, Order 8, Rule 4(3), Evidence Act, 1872, Section 65A, 65B -- Evidence - Recording - Mode of - Mechanical Mode - Permitted - Video conferencing also Mechanical mode - Admissibility - Evidence by way of video conferencing - Prayer for - Mechanical process includes electronic process - There is no bar on examination of witness by way of video..........
