Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 420, 406, 120B -- Bail - Cheating - Case against petitioner is based on documentary evidence which is part of challan - There can be therefore no risk of petitioner tampering with the evidence - Moreover, charges have not yet been framed - Prosecution has cited 46 witnesses and will be..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Allegation against mother-in-law - None of witnesses stated about cruelty or harassment to deceased by appellant or any of her family members on account of demand of dowry soon before death or otherwise - Rather harassment has not been narrated by anyone - It is only certain oral averments regarding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Search and seizure - Evidence on record does not connect accused with commission of offence - Two labourers who assisted police in uploading contraband have not been named as PWs nor their statements have been recorded before trial Court - There is also no clarity as to how many samples..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Sampling process - I.O. stated that 18 samples were picked up on the spot and deposited in Malkhana on the same day but there is no evidence led by prosecution to produce incharge Malkhana or Malkhana register to substantiate said statement - Nothing on record to show as to how samples..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - Adjudication of questions of facts and appreciation of evidence or examining reliability and credibility of version, does not fall within arena of jurisdiction u/s 528 BNSS...........
Indian Penal Code, 1860, Section 308, 506 -- Offence u/ss 308, 506 IPC - Victim suffered 14 injuries few of which are even life threatening - Presence of witnesses on the alleged spot of incident is proved on record - So far as non-recovery of weapon of assault is concerned, benefit of such lacuna in investigation cannot be given to appellant, as ocular evidence on record..........
Service -- Recruitment - Irregularity in selection process - When a thorough inquiry uncovers systemic irregularities like fraud or malice that compromise the integrity of a selection process, the outcome should be fully cancelled; however,if possible, efforts should be made to separate tainted from untainted candidates - The decision to cancel the selection must stem..........
Constitution of India, 1950, Article 32, 226 -- Writ petition - Applicability of Evidence Act - Evidence Act does not strictly apply to the proceedings in a writ court, and the decision is rendered based on evidence and material on record...........
Service -- Recruitment of non-teaching staff - Illegalities in selection process - As per the evidence on record, there was large-scale manipulation and tampering with results, including rank-jumping, discrepancies in marks, the issuance of appointment letters to candidates not on the panel, and appointments made beyond the panel's validity period - Further, the WBSSC..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
