Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Gunshot injury - Accused armed with a country made pistol arrived at shop of deceased and entered into an altercation and after heated exchange between them, accused fired the shot on the vital part of body of deceased which proved to be fatal - He was thus, an aggressor - Accused arrived with..........
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Framing of charge - Unauthorized use of premise for manufacturing psychotropic substances - Legality of order - At time of framing of charge, Court is obliged to pursue material on record regarding prima facie case against accused - In the instant case,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Allegation of unauthorized use of premises for manufacturing psychotropic substance - No evidence except statement of co-accused, suggestive of fact that accused who rented his premises, had knowledge about illegal activities of co-accused - More so,..........
Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25 -- Conviction - Cross-firing - False implication of accused - Appreciation of evidence - As per prosecution story when `N' and accused were running away from their house, they fired at police party, in crossfire `N' sustained gun shot and died - It is revealed that police party fired from a..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony and maintenance - Wife living in adultery - It is established on record that wife had been living in adultery - Income tax returns of wife proves that she has an independent source of income - Wife, not entitled to receive maintenance and permanent alimony - However, to incur necessary expenses of minor son, wife is..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony and maintenance - Relevant factors while passing order u/s 25 of HMA - Conduct of parties and other circumstances of the case are factors relevant for the purpose of grant of maintenance...........
Registration Act, 1908, Section 26, 24, 25, 33(1)(c), 32(a), (b) -- Execution of power of attorney out of India - Presentation for registration - Where power of attorney deed satisfies technical requirements of S.33(1)(c) of the Act, in as much as it was duly executed before and authenticated by Indian Consul of Indian Embassy abroad, power of attorney holder is competent..........
Drugs and Cosmetics Act, 1940, Section 25 -- Drug - Re-analysis of sample - Drug sample expired by the time petitioners were summoned in Court - Petitioners lost their right to get sample re-analyzed from Central Drug Laboratory - Valuable right of petitioners lost and prejudice is caused to them - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, 61, 85 -- Bail - Offence u/s 18, 25, 61, 85 NDPS Act - Car does not belong to petitioner - Recovery was not effected from personal possession of petitioner - Trial may take long time to conclude and all witnesses are official - Bail granted...........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - When decree is silent as to reckoning date of conversion of foreign currency into Indian rupees, it would first take place in accordance with contractual provision and thereafter if such explicit determination is not..........
