Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Non-joining of independent witness - Prior information - Search team was having prior information of contraband at 8 p.m - However, they reached the railway station at about 10 p.m - Railway station is at a distance of 10-15 minutes - Search team spent more than one..........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 2(17A) - - Public place - S.2(17-A) of the Act includes private vehicle in definition of public place...........
Indian Penal Code, 1860, Section 176, 34 -- Non-reporting of offence of rape to public servant - Offence of rape which is alleged to have been committed in the case, has not been incorporated in S.39 Cr.P.C - Ingredients of offence u/s 176 IPC thus, not attracted - Moreover, no material on record that petitioner intentionally omitted to give such information either to..........
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 342 -- Compensation - Penetrative sexual assault - Victim was three years old at the time of incident - Accused brutally penetrated minor victim with his finger resulting in severe injuries in her private parts - State directed to..........
Recovery suit -- Damage or loss in transit of goods - Common carrier or a public carrier cannot restrict by virtue of a contract its liability as a carrier for any damages caused by it to goods under transit towards its liability to compensate consignee...........
Indian Penal Code, 1860, Section 166 -- Offence u/s 166 IPC - Mere breach of departmental rules will not bring a public servant within purview of S.166 IPC - There must be materials to show that accused had willfully departed from direction of law with intent to cause injury to any person...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Kidnapping and rape - Prosecutrix left the house on her own free will - FIR lodged after a delay of 3 days - Mother of prosecutrix stated that she saw her daughter leaving and she called her but prosecutrix walked away and accused followed her - Prosecutrix remained with accused for more than a month and has gone to..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - S.188 IPC does contemplate an order passed by a civil Court in a suit - Word "promulgated" in S.188 IPC does not refer to an order passed by a public servant during course of proceedings between two parties in a suit - S.188 IPC applies to orders made by public functionaries and for public purposes and not to an..........
