Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 114(g) -- Recovery of 800 gms charas - Search and seizure - Non-production of sample parcel sent for chemical examination in Court, is fatal to prosecution case for want of production of missing link between parcels produced in Court and chemical Examiner's report, particularly..........
Evidence Act, 1872, Section 114 -- Adverse inference - Recovery suit - Plaintiff not appearing as his own witness - Only witness who appeared as a witness on behalf of plaintiff failed to produce account books in order to prove that amount paid was being shown as advance and carried subsequently - Plaintiff could have produce on file its books of account to show that..........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for specific performance - Plaintiff could not even recall the name of attestors and was referring to notes made on his hand, which was later confirmed by ministerial staff - Adverse inference rightly drawn against plaintiff that plaintiff is capable of going to any level to prove his case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 114 -- Recovery of 180 gms brown sugar and arms and ammunition from house in question - Presumption of exclusive ownership - Where contraband/arm ammunition are recovered from a house/premises occupied by several persons there can be no..........
Evidence Act, 1872, Section 114(g) -- Non-examination of material witnesses - Complainant himself deposed that his mother, brother and one more person rescued him from the clutches of accused - Non-examination of said witnesses acquires special significance - Legitimate presumption thus has to be drawn against prosecution on the ground that had these witnesses been..........
Evidence Act, 1872, Section 114(e) -- Presumption in law - Government communication is presumed that it was properly made and reached the addressee...........
Evidence Act, 1872, Section 114 -- Adverse inference - A party not appearing as his own witness - Adverse inference drawn...........
Indian Penal Code, 1860, Section 379, 201, Evidence Act, 1872, Section 114 -- Theft - Adverse inference - Allegation that accused stole the bond paper on which settlement among three parties including accused was recorded - It is not believable that accused after snatching bond will again come back on the same day and no action is taken against accused - Adverse inference..........
Evidence Act, 1872, Section 114 -- Plaintiff himself not appearing as his own witness - Plaintiff appearing through attorney - No prejudice shown to be caused to defendant - Nothing to show that any material question put to attorney not answered - Adverse inference can only be drawn if attorney is unable to answer the question put forth to him...........
Evidence Act, 1872, Section 114 -- Adverse inference - Failure to produce a document, existence of which is not in dispute can hardly be a matter for drawing adverse inference...........
