Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6, 8, 12 -- Defence evidence - Allegations under POCSO Act - Court could not have rejected the application for adducing defence evidence on the specious plea that burden is on prosecution to prove the case beyond all..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question, which is not claimed by any other person - No order of confiscation is passed u/s 60 of NDPS Act - Vehicle seized ordered to be released in favour of petitioner being registered owner of vehicle on supurdginama...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner though is a registered owner of vehicle but he failed to pay the loan taken for purchase of vehicle - As a consequence vehicle was put to auction and was purchased by respondent through auction after completing due formalities and making all outstanding due amount towards loan of vehicle -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - It is an issue i.e cause of action which is of prime consideration and not exclusively parties to suit or subject matter, which was under litigation in a prior proceeding...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Fresh accrual of cause of action on account of execution of subsequent sale deed - Bar of S.11 CPC would not be applicable, because issue would still be left open to be decided by Court about effect of earlier decree - Application u/s 11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When the Photostat copy of document in question is already on record and plaintiff himself produced the same on record and said document is registered sale deed, genuineness of which is not in doubt, Appellate Court rightly allowed the application U.O.41.R.27 CPC...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and rape - Sole testimony of prosecutrix - Incident occurred when prosecutrix and her husband were in fields to cut grass - However, husband of prosecutrix has not extended any substantial support to version of prosecution - Prosecutrix stated that she remained silent during the incident because she was..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Negative final report was not accepted by Court below - Suspicion against accused exists - Court below passed detailed, speaking and well reasoned decision of taking cognizance against accused - No case is made out for interference in said order o taking cognizance...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amounts to `decree' - It is appeal and not writ petition under Art.227 Constitution of India which is maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 Tramadol table weighing 20 kgs. - Bail - NCB specifically stated that it was disclosures made by accused that had led NCB team to arrive at and raid godown of co-accused, which resulted in recovery of large haul of different psychotropic..........
