Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Doubtful identity of sample seized and that produced in Court - FSL report loses much of its significance and accused is entitled to the benefit of doubt...........
Judicial service -- Fast Track Court (FTC) - Ad hoc District Judge - Claim of seniority over judges appointed in regular vacant posts in cadre - Merely on the ground that ad hoc judges were selected by following same procedure akin to that of regular selections is no ground to consider their claim for grant of seniority from date of initial appointment, particularly when..........
Transfer of Property Act, 1882, Section 44(Second - - Dwelling house - Plaint does not disclose existence of a dwelling house belonging to undivided family of plaintiffs - Inspection report of Advocate Commissioner shows that plaintiffs have their separate houses in and around suit property - Plaintiffs held, not entitled to take benefit of S.44 Second Paragraph of the..........
Indian Penal Code, 1860, Section 427, 452, 323, 506, 34 -- Offence u/ss 427, 452, 323, 506, 34 IPC - Material contradictions and inconsistencies found in statements of PWs - Prosecution story appears to be doubtful and untrustworthy - All the PWs given all together different version regarding infliction of injuries on complainant and his son - More so, PW3/son of..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Three conditions necessary to be satisfied are : (i) Restitution sought must be in respect of decree or order which had been varied or reversed; (ii) party applying for restitution must be entitled to a benefit under a reversing decree or order; and (iii) relief claimed must be properly consequential on reversal or..........
Criminal trial -- Benefit of doubt must follow unless prosecution is able to prove its case beyond all reasonable doubt...........
Criminal trial -- Burden lies on the prosecution to prove the allegations beyond all reasonable doubt - In contradistinction to the same, the accused has only to create a doubt about the prosecution case and the probability of its defence - An accused is not required to establish or prove his defence beyond all reasonable doubt, unlike the prosecution - If accused takes a..........
Pension Regulation for the Army, 1961 -- Reguls.173,173-A - Ex-gratia compensation - Discharge - Appellant who was on an extended tenure of service suffered a stroke and consequently placed in a permanent low medical category and discharged from service - Disability was not attributable or aggravated by military service - He was thus, entitled to benefit of disability..........
Indian Penal Code, 1860, Section 364A -- Kidnapping of 5-6 years old boy for ransom - PW5, liquor shop owner deposed that on the day of incident itself accused and co-accused had come to his shop to purchase liquor - Accused introduced co-accused as his relative and they accompanied by a boy aged about 5-6 years - They consumed liquor at shop of PW5 for about 2 hours and..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having liquor with PW2, PW7, PW16 day before the incident at late night - However, said witnesses have not deposed anything against accused involving them in crime - Even wife and father of deceased also not levelled any allegation against accused - Nobody has seen deceased in the..........
