Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) -- Recovery of 115 intoxicating tablets - PW1 and PW2 proved recovery of 115 intoxicating tablets from conscious possession of appellant, who had thrown polythene pouch on the ground on seeing police party - Even, ASI also categorically stated that recovery was effected from appellant and had supported the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Indian Penal Code, 1860, Section 279, 336, 427 -- Bail - Contraband - Contraband recovered from abandoned car which was found to be registered in the name of petitioner - Plea of petitioner is that he had already sold the said vehicle to one `H'..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution has failed to prove any sort of cruelty by appellant to meet any unlawful demand as given in S.498-A IPC - Neither evidence of prosecution witnesses in the course of trial indicate any sort of cruelty - Prosecution failed to prove its case beyond reasonable doubt against appellant - Conviction and sentence set..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Family members of deceased alleged that accused demanded dowry from deceased and upon same being not fulfilled subjected her to cruelty - However, I.O. stated that during cross-examination, they did not mentioned such dowry demand and cruelty - Neighbours of accused has stated that relationship..........
Payment of Bonus Act, 1965, Section 32 -- Applicability of Act - Appellant Trust is running factories - No evidence on record to show that appellant is run by Indian Red Cross Society or that appellant is an institution similar to said Society - Nor can it be said that appellant is an institution exempted u/s 32(v)(c) of the Bonus Act - There is thus, no doubt regarding..........
Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Ocular testimony of witnesses - Accused came with deadly weapons to house of victims and altercation and fight caused between parties - Overt acts of accused inflicting injuries on various parts of body of deceased and victims, totally corroborated by medical evidence - Fatal injury caused on deceased was by a..........
Indian Penal Code, 1860, Section 376, 363, 366(A), 370, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, 5(j)(ii), 5(l), 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 376, 363, 366(A), 370, 376(2)(n) IPC and 3(a), 4, 5(j)(ii), 5(l), 6 POCSO - Quashing of complainant - Settlement between the parties - Marriage between..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Conviction - The course adopted by the prosecution and permitted by the Court is not in accordance with the Evidence Act - The prosecution cannot adopt the method of further chief-examination to fill in other lacunae, and the scope of re-examination is confined - In view of witnesses, the demand for the bribe..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 10 -- Production of records in the custody of police - Alleged statements not available as per reply of DSP - In the absence of any material that documents are available and despite same, they are not furnished to petitioner, Court will not direct Deputy Superintendent of Police to send for documents and to give..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Involvement of proposed accused persons in the crime is established on record - Session judge formed a satisfaction higher than a prima facie satisfaction of alleged involvement of proposed accused and their complicity in the crime has to be examined and tested on evidence being led at the..........
