Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - Testimony of Panch witness - PW1 is a habitual panch witness, reason being his acquaintance with informant - He cannot tell even by approximation as to what crops were grown in the field where raid was carried out - Not only FIR but contents of panchnama..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - Agricultural land in question belonged to accused - However, accused was not found in the field at the relevant time - No proof is forth coming from prosecution to establish that accused was in exclusive possession of field or he had actually cultivated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - There is no evidence of safe custody of seized muddemal - It cannot be said that prosecution has ruled out possibility of sample parcels having not been tampered with by anybody till it reached hands of chemical analyser - This circumstance makes..........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Production of documents - Documents sought to be produced are public documents, which can easily be obtained by defendant from offices of Municipality and collector - Plaintiff has specifically denied possession of such documents - Application rightly dismissed...........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Allegation that accused pressed breast of prosecutrix - However, accused contended that evidence of prosecutrix not reliable as her version is changed from touching her chest to pressing her chest - Contention rejected, as statement of prosecutrix was recorded in Hindi and a word used in..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Prosecutrix aged about 13 years in her testimony as PW1 is consistent with her versions given in her complaint and her statement recorded u/s 164 Cr.P.C - Presumption u/ss 29, 30 of POCSO Act would be applicable and it was for accused to prove his defence - No cogent evidence produced by..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Leave of Court - Plaintiff can be permitted to file rejoinder to explain additional facts which was incorporated in written statement even though same were not mentioned in application seeking leave to file rejoinder...........
Hindu Marriage Act, 1955, Section 8 -- Marriage registered - Registration of marriage cannot be cancelled on subsequent grant of decree of divorce - Factum of marriage that took place earlier, cannot vanish due to subsequent grant of decree of divorce - Decree of divorce granted can be recorded as a foot note in the register under relevant entry made in respect of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Defence struck off - Written statement not filed as counsel for defendant met with an accident - Defendant granted one opportunity to file written statement subject to payment of cost of Rs.5,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Striking off defence - Defence of defendants struck off on the ground that they have sought and got repeated adjournments to file their written statement - However, record reveals otherwise that no repeated adjournments were sought and got by defendants - Matter was..........
