Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Interim bail - Contraband - Bail sought on the ground that wife of accused is to undergo gynae surgery - It is a major surgery and support of accused would be necessary - State counsel submits that there is nothing adverse against accused so far as his conduct -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Identification and measurement of property - Injunction suit - Defendant specifically denied identity and measurement of property in written statement - However, defendant stated that there is no controversy as regards identification, location and measurement of property - Stand of defendant is in..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Contradictory versions given by a witness - Clarification - When there are two versions of a witness, which according to adverse party are contradictory and inconsistent, in order to get clarification from witness, Court has power to recall any witness either on its own motion or on application filed by..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Rape - Termination of pregnancy - Unilateral decision of prosecutrix - It has to be held that aborting child was to defeat the scientific DNA test - Adverse inference has to be drawn that if she had undergone DNA testing process it would have revealed that..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to incorporate plea of adverse possession - Defendants contended that they perfected their rights by adverse possession - No prejudice would be caused to plaintiff by amending written statement as sought for - Moreover, amendment sought would not alter or..........
Criminal Procedure Code, 1973, Section 482, Foreign Contribution (Regulation) Act, 2010, Section 23, 4 -- Quashing of FIR - Offence u/ss 23, 4 of FCRA - High Court while allowing petition u/s 482 Cr.P.C recorded findings on several disputed facts - Defence of accused is to be tested after appreciating evidence during trial - Assessment made by High Court at the stage when..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband denied having income as alleged by wife - Even there is no specific averment by husband as regards his income - Adverse inference rightly drawn by family Court that husband is an able bodied person and must be earning minimum wages apart from being an owner of 12 acres of land, thus, rightly..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Every accused has a right to keep silent or deny incriminating circumstance emerged against him/her in evidence, but in such eventualities an adverse inference can be drawn against accused because despite opportunity provided to him/her, she/he failed to raise any defence in his/her behalf...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
