Indian Penal Code, 1860, Section 302, 307, 120B -- Nature of offence - Murder or accident - Collusion of truck and jeep on right side and occupants of truck fled away from the spot - Photographs on record shows that tyre marks on the spot which indicated that brakes were applied to avoid accident - False implication due to previous enmity was a plausible view - None of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 471, 474 -- Recovery of 100 bags out of which 2 bags were containing 20 kg each of poppy straw and remaining 98 bags were containing 40 kg each poppy husk - There is no iota of truth in prosecution version as asserted in FIR and contents of FIR are false which clearly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- False implication - Infringes right under Article 21 of the Constitution of India - It needs to be examined whether a nodal agency can be constituted to supervise investigation pursuant to an FIR to ensure that no innocent citizen is involved in a false case under NDPS Act - Matter may be examined by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(b) -- Recovery of 1 kg Opium - False implication - Accused raised defence that he was having some dispute with police official, who got him falsely implicated in this case - However, there is nothing on record to show that PWs were having enmity against accused and are interested in his false implication -..........
Indian Penal Code, 1860, Section 302, 394, 397, 411, 120B -- Murder - Robbery - Circumstantial evidence - Accused and co-accused were known to each other - Scientific and medical evidence on record shows that death of deceased was caused by knives used by accused in commission of crime - Prosecution recovered major part of robbed property and same has been identified by..........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Allegation of preparing false MLR and X-ray report - Not supported and corroborated by any cogent evidence - I.O. no where found that MLR or X-ray report had been falsely prepared - Trial Court has no where given any finding that MLR or X-ray report were falsely prepared - Merely because accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Motive behind crime was greed of land which belonged to deceased - Ocular testimony of PWs is wholly reliable and trustworthy - Medical evidence duly corroborates the ocular evidence - Plea of alibi not proved on record, as cooked up, baseless and false story was made by..........
Indian Penal Code, 1860, Section 193 -- Offence u/s 193 IPC - Pertaining to proceedings under Passport Act - Accused discharged from offence under Passport Act - Punishment of false evidence u/s 193 IPC therefore, cannot be imposed upon accused - FIR quashed...........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts of issuing notice, reply notice and also final notice - Contention of plaintiff that original title deed not handed over to her also found to be false from her own statement - Entire pleadings as well as documents filed by both sides, clearly prove the fact that plaintiff has not come..........
