Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No overt act alleged against accused - Specific role and overt act is alleged against co-accused - There is no allegation even by eye witness that accused had dragged the dead body and thrown it into courtyard of deceased - Solely on basis that accused accompanied with accused when they went to house of deceased and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29 -- Recovery of 1025 kgs Ganja - Non-joining of independent witnesses - Recovery was made at night and due to pandemic prevalent at that time and seclusion, no public witness could be secured - Moreover, evidence of a public officer cannot be thrown on the ground that he is a police officer -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2420 tablets and drug money of Rs.5000 - Bail - Accused is confined in judicial custody after his arrest on 28.6.2020 - Conclusion of trial is likely to consume considerable time, as only one witness has been examined out of total 17 witnesses -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, 89 -- Anticipatory bail - Offence u/ss 379, 506, 120-B IPC and Ss. 3, 33, 89 SC&ST Act - Petitioner is a 58 years old lady and FIR is registered after a delay of 42 days and there is civil..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Evidence of witnesses of fact - Injury on injured found to be caused by some sharp object - Doctor proved the injury report - Accused and injured are residents of same locality and they are very well known to one another - There is no motive before injured to implicate accused falsely - While accused have..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Plea of alibi - Accused pleaded that he had gone for doing labour work at the time of incident - However, accused has not examined any witness in his defence - Except bald statement of hostile witness/PW3, nothing on record to suggest that at the time of incident, accused was not present on the..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of `B' who was first person to reach on the spot, by prosecution will not give any dent to prosecution case, when there are three dying declarations coupled with the fact that accused has not examined any witness to prove his plea of alibi...........
Evidence Act, 1872, Section 137 -- Written arguments - Cannot be treated as pleadings or affidavit for which a party can be called in witness box for cross examination...........
