Criminal Procedure Code, 1973, Section 91 -- Summoning of call details of police personnel - Recovery of contraband - Petitioner stated that witnesses of recovery of narcotic were not present at the scene of crime at the time of preparation of seizure memo - But petitioner had not disclosed that from whom and when he received such information - No allegation made by..........
Constitution of India,1950, Article 226 -- Writ petition - Service - Dismissal - Charge of theft - Manner of conducting departmental enquiry was in accordance with law and award of Labour Court is unassailable, as it is based on proper appreciation of evidence - There is not even a pretence of recording a finding of any jurisdictional error or violation of natural justice..........
Constitution of India, 1950, Article 32 -- Judicial review - Rejection of mercy petition by President - Death sentence - Nirbhaya rape and murder case - Absence of recommendation of Superintendent of Jail - Considering high position of President of India and constitutional duty which President is discharging, it may not be appropriate for superintendent to make..........
Indian Penal Code, 1860, Section 364A, 302, 201, 506, 120B, Evidence Act, 1872, Section 65 -- Kidnapping for ransom - Murder - Call details - Accused asked ransom on mobile phone - Though police has taken call details but these were only marked - However, it was necessary for prosecution to prove call details as per S.65 of Evidence Act - Ownership of mobile has also not..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of prosecutrix - Prosecutrix stated that when she was going to attend nature's call, accused `S' caught hold of her from behind and got her mouth gagged and accused and co-accused dragged her inside the sugarcane field and committed rape upon her one by one - When accused committed rape she got an opportunity to..........
Evidence Act, 1872, Section 65B -- CCTV footage - Non-production of certificate u/s 65-B of the Act - Accused not disclosed the source from where he has secured CCTV footage - No attempt on part of accused to call owner of shop where CCTV cameras were installed - Manner in which copy of original record was made is not explained - Accused downloaded the said footage on CD..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 37 kg ganja - Testimony of PW1 with regard to DD entry relating to movement of patrolling party and call details records pertaining to said raiding party completely discredited prosecution case that patrolling duty was at the spot at the relevant time - Material discrepancies in testimony of..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Non-formulation of points of determination - Mere deviation from procedural requirements U.O.41.R.31 CPC, does not call for any interference to disturb concurrent findings of facts recorded by Courts below...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape of married woman - Debatable question arises in the case as to whether it is a case of forcible sexual intercourse or consensual physical relations - Alleged call details simply suggest that there was exchange of calls between two telephones but whatsapp..........
