Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 46 kgs Ganja (cannabis) - Search conducted at a public place which is open to general public - Compliance of S.42 of the Act not necessary - However, when prosecution comes up with compliance of a provision on which there is diametrically opposite statement of a witness and it also runs..........
Adverse possession -- Land reserved for public utility - It would be advisable that concerning such properties dedicated to public cause, it is made clear in the statute of limitation, that no rights can accrue by adverse possession...........
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188 -- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking..........
Wakf Act, 1995, Section 64, 69 -- Muslim Law - Mutawalli - Suit filed by Respondents for declaration that office of mutawalli was vested with them by custom - Plea of appellants that mosque to be managed by elected committee as per compromise decree - Respondents through evidence clearly showing practice of continuous and invariable devolution of office of mutawalli..........
Criminal Procedure Code, 1973, Section 24(8), 225 -- Sessions trial - Public Prosecutor alone can conduct sessions trial - Though victim with permission of Court may engage an Advocate, but only to assist prosecution and not to conduct prosecution - However, right of victim also depends upon discretion of Court...........
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 24(8), 225 -- Sessions trial - Defence witnesses - Cross examination by Advocate engaged by victim or de facto complainant after cross examination by Public Prosecutor - Not permissible as such Advocate is engaged only to assist the Public Prosecutor...........
Defamation -- Suit for damages - Publication of defamatory news item in a newspaper - Malice - Fair comments upon any matter of public interest which are included in publications in a newspaper are protected publications in the absence of malice...........
Evidence Act, 1872, Section 74 -- Public document - Certified Copy of deposition can be made admissible in course of trial as a public document in terms of S.74 of the Act...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Quantum of sentence - Accused no where stated that he was authorized to drive alleged jeep and he had any driving licence - Driving of any vehicle by unqualified driver, at any public road, in a manner so rash and negligent as to endanger human life and causing death of any innocent person has..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Murder - Recovery of weapons of offence - Non-joining of any public witness at the time of recovering weapons of offence is not enough reason to doubt truthfulness of testimony of police witnesses or discard their evidence - Their testimony inspires confidence - Even otherwise, conviction of accused is not based solely..........
