Criminal trial -- Material omissions and discrepancies - Depends upon facts and circumstances of each case - Material omissions and discrepancies have to be answered by the prosecution and non explanation creates a serious doubt about the truthfulness and credit worthiness of the investigation - Some of the material omissions in the instant case are : (a) Deceased was..........
Civil Procedure Code, 1908, Section 151, Constitution of India, 1950, Article 227 -- Execution - Missing J.D. - Decree having national ramifications - Decree reduced into a mockery - Process of Court obstructed - Matter entrusted to CBI who shall endeavour to trace, arrest and produce the missing J.D...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 9 bags each containing 40 kg 600 gms poppy straw - Chance recovery - Story projected by prosecution that two accused managed to escape from the spot is not reliable as age of accused `K' was about 60 years - No evidence on record as to identification of these two accused persons - I.O did not..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest & detention of J.D - Violation of decree of injunction - Civil prison is one of the modes of execution of decree for injunction as prescribed U.O.21.R.32 CPC - Execution petition, held, maintainable...........
Criminal Procedure Code, 1973, Section 41 -- Arrest without warrant - For ensuring that police officer do not arrest accused unnecessarily and magistrate do not authorise detention casually and mechanically, Supreme Court issued the following directions: (a) All State Governments to instruct its police officers not to automatically arrest when a case u/s. 498-A IPC is..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Arrest and detention - Plea that clause (e) of S.51 can be applied only when clauses `a' to `d' are not applicable - Held, Executing Court can execute the decree in such other manner as the nature of relief granted may require...........
Civil Procedure Code, 1908, Order 21, Rule 37(2) -- Execution - Detention in prison - Arrest warrant can be issued when in spite of sending the notice J.D. fails to make his appearance or deliberately involves in avoiding to receive the notice and attending the Court for the purpose of protracting the matter or not deciding the question of means - In such a case the..........
Civil Procedure Code, 1908, Section 55 -- Execution - Arrest of J.D. - Decree Holder disclosed assets of J.D. - J.D. failed to rebut - Held, J.D. had means to discharge decretal amount - Issuance of arrest warrant proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1) -- Secret information - No attempt made to record the secret information nor any attempt made to send it in writing to the higher officer - Mandatory requirement not complied in regard to search, seizure and arrest of accused...........
Civil Procedure Code, 1908, Section 51(b) -- Execution - Arrest and detention of J.D. - Can be only when J.D. has the means to pay but refuses or neglects or has refused or neglected to pay the same - Mere inability to pay the money does not render the J.D. liable to arrest and detention...........
