Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness - Place of recovery is a busy road and there are residential and commercial establishments - No explanation is forthcoming as to why independent witnesses were not joined - Failure of I.O to associate an independent witness at the time of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Averment that appellants are busy with the day-to-day affairs of the company - This is hardly relevant in the context of S.141(1) of the Act - It cannot be concluded that appellants were responsible to the company for the conduct of the business - Complaint against..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of Insurance Company - Testimony of eye witness - Incident occurred in busy market place - Testimony of eye witness duly established the accident as well as involvement of offending vehicle - Eye witness did not know the deceased and his family before the accident - Merely because he has not..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Murder - Non-disclosure of relevant facts in FIR - Disclosure of incident by minor to PW7 at the earliest opportunity rules out any possibility of tutoring - PW6 brother of deceased came to place of occurrence later and got busy in releasing body of his sister from morgue and..........
Indian Penal Code, 1860, Section 279, 304A -- Accident - Rash and negligent driving - Offending vehicle hit a three wheeler goods carrier - Deceased himself has risked his life by sitting on a three wheeler goods, which was made for carrying goods only and that too in a busy and crowded road which is obviously accident prone zone - Carrier was being paddled by PW7 - Most..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 days in filing criminal appeal by State - Public prosecutor was busy in other Government works due to which appeal could not be filed beyond 12 days from limitation period - There was thus, sufficient ground for condonation of delay - Delay rightly condoned...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Bonafide necessity - Landlady categorically pleaded in her petition that her son had become busy in his own business and her daughter had got married due to which landlady felt lonely and wanted to start running a boutique as she was educated besides having knowledge of work of..........
Special Marriage Act, 1954, Section 27 -- Divorce - Cruelty upon husband - Parties residing separately nearly two decades after a short time of their marriage and still busy in accusing the other - Both the parties making allegations against each other - Distance between husband and wife who are in their 76 and 66 years of age has reached such bad height and it is a case..........
