Civil Procedure Code, 1908, Order 11, Rule 1, 8, 21, Civil Procedure Code, 1908, Order 43, Rule 1(f) -- Order to file reply to interrogatories - Appeal against - Not maintainable...........
Indian Penal Code, 1860, Section 302, 201, 511 -- Appeal against acquittal - Appreciation of evidence - Eye witness - Conviction can be based upon the sole testimony of an eye witness...........
Criminal Procedure Code, 1973, Section 482 -- F.I.R. - Under sections 420, 465, 471 and 120B I.P.C. - Petition for quashing - The powers u/S.482, Cr.P.C, are not powers of appeal or revision or powers of review. It is power of exercising of an inherent jurisdiction, which power also vest in this Court. This power cannot be used for the purpose of defeating the objects of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Appreciation of evidence - Prosecution examining DSP as prosecution witness in whose presence recovery was effected - His statement under section 161 not recorded - Held that it is not mandatory for an Investigating Officer to record the statement of a witness under section 161..........
Criminal Procedure Code, 1973, Section 313 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 - Appeal against conviction - Link evidence - Prosecution tendered in evidence the two affidavits - One sworn by MHC incharge Malkhana with whom case property including the sample was stated to be deposited - The second affidavit sworn by the constable who had..........
Indian Penal Code, 1860, Section 302, 307, 324, 323, 147, 148, 149, 34 - - Prosecution failed to explain the injuries sustained by the accused - All the male members of the family of the accused involved - FIR recorded after delay of 11 hours though the police station only 9Kms. away - Special report whereof reached the concerned Magistrate at 11.30 noon - Two independent..........
Agreement to sell -- Suit for specific performance - Defendant alleging himself to be illiterate - Defendant singing agreement to sell and plaintiff putting his thumb impression - It shows that defendant is not illiterate - Defendant in his written statement denied execution of sale deed and subsequently by amendment of written statement got incorporated the vague plea of..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 25, Indian Penal Code, 1860, Section 302, 114 -- Acquittal - Appeal against - Flag hoisting ceremony on Independence Day - Murder of M.L.A. - Homicidal death of deceased - Apprehension of first respondent at scene of occurrence proved - Recovery of pistol and handkerchief allegedly thrown over head of..........
Criminal Procedure Code, 1973, Section 389, 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15 and 32-A - Appeal against conviction - Suspension of sentence and fine - Grant of Bail - Held that High Court is not debarred from suspending the sentence on appeal and granting bail to a convict under the provisions of NDPS Act but that power has to be..........
Penal Code, 1860, Section 302 -- Murder - Life imprisonment - Appeal against conviction - The prosecution has not brought any evidence on record which would prove beyond reasonable doubt intention to kill the deceased on the part of the accused. The accused owned inflicting of injuries upon the deceased and pleads private defence - Plea not accepted. Appeal partly accepted..........
