Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Probative value of evidence and credibility of witness is not to be examined by Court while considering bail application of accused...........
Transfer of Property Act, 1882, Section 106 -- Eviction suit - Plaintiff is owner of premises and defendant was permitted to use the same - Cheque issued towards rent demonstrates that one cheque was dishonoured and that rent for a period of 44 months remained unpaid, which led to issuance of legal notice - Legal notice issued to defendant reflects that rent was not paid..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Supervisory jurisdiction of High Court u/art 227 of Constitution is not an appellate jurisdiction in disguise and it does not permit re-appreciation of evidence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband faced any mental cruelty from wife on account of being bald, having dark complexion and suffering from lameness - Such a ground for obtaining a decree of divorce appears to be arbitrary and concocted - Divorce petition rightly dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Consent letter as available in records indicate it to have been written in English and signed only by accused - However, evidence of PW1 indicates that consent letter was confronted to accused who recognized his signature - PW1 stated that he informed accused about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - However, recovery Mahazar does not indicate a bag in which contraband is said to have been smuggled into India - Inconsistencies in evidence of PW1 to PW3 are not minor and are glaring enough to raise a..........
Indian Penal Code, 1860, Section 366A, 376(2), 354A(1)(i)(2), (D), Protection of Children from Sexual Offences Act, 2012, Section 4, 7, 8, 11(iii), 12 -- Kidnapping and rape - Victim admits that she is aged about 18 years - She has not stated anything about subjecting her for forcible sexual act and evidence of father of victim is nothing but hearsay - There is no medical..........
Criminal Procedure Code, 1973, Section 323, 325 -- Committal of case to Sessions Court - Magistrate himself being Chief Judicial Magistrate and therefore while committing case to Court of Sessions, he should have formed an opinion on basis of evidence recorded before him and submit his proceedings along with opinion to Court of Sessions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Admissibility of a document in evidence cannot be decided at the stage of O.39.Rr.1, 2 CPC nor a document can be ignored upon an objection regarding its inadmissibility in evidence at that stage for the purpose of deciding issue of prima facie case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - Power of attorney holder being an authorized representative of company, can file a complaint and give evidence but he must have either witnessed transaction or must possess direct knowledge of transaction...........
