Criminal Procedure Code, 1973, Section 439 -- Bail - Completion of investigation - By itself not a ground for grant of bail without due consideration of relevant aspects...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot be assigned as reasons for grant of bail in a case of serious nature...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering the FIR could not be held to be a ground adverse to the case of prosecution, as FIR is only a corroborative piece of evidence and not a substantive piece of evidence...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Prosecution must prove following four circumstances in case of murder by poisoning: (1) there is a clear motive for an accused to administer poison to the deceased; (2) that the deceased died of poison said to have been administered; (3) that the accused had the poison in his possession; (4) that he had an..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Motive of crime not proved - None of PWs had any personal knowledge about alleged incident and about the cause of the deteriorating health condition - Doctor who carried out post mortem of deceased had not given any opinion on cause of death - Prosecution even failed to conclusively prove that substances found..........
Criminal Procedure Code, 1973, Section 190(1) -- Protest petition - Cannot be entertained after taking cognizance...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem Court fee - Plaint rejected as plaintiff failed to deposit ad valorem Court fee despite granting two opportunities - However, considering nature of litigation, it is in the interest of justice that case is decided on merits and therefore, impugned order set aside subject to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Evidence Act, 1872, Section 27 -- Contraband - Disclosure statement - Statement by accused during investigation is inadmissible in view of S.25 of Evidence Act as well as S.162 Cr.P.C - Said confession made by co-accused cannot be taken as substantive piece of evidence against another accused...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
