Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of poppy husk - Recovery effected from accused and petitioner was indicted later on - Charges were framed on 12.9.2019, but no witness is examined so far - Trial of case is likely to consume considerable time as prosecution has to examine its..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Motive for committing offence forms central theme and unless and until motive is proved specifically, prosecution shall not be able to bring home charge framed against accused - In the instant case, motive of crime not proved - Trial Court recorded specific finding on point..........
Constitution of India, 1950, Article 142 -- Release of prisoners - Prisoners during their period of incarceration in jail has completed many educational courses - Jail record of these prisoners also shows satisfactory - Keeping in view the facts and circumstances of each case and separate appeals filed, in exercise of power u/art 142 of Constitution all the convicts..........
Civil Procedure Code, 1908, Section 34 -- Interest - Penalty clause - Court allowed pendente lite interest @ 9% p.a. - However, in case principal amount is not paid from date of decree rate would be at 11% p.a. - Penalty clause cannot be allowed to sustain and is hereby set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 120 days - Defence struck off - Strict and too technical view not to be taken especially when respondent is wife and delay is neither willful nor intentional but has been attributed to the slackness of her counsel in defending the case - Defendant allowed to file her written statement..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix and her mother not supported prosecution case - FIR lodged after 6 months of incident - Prosecutrix stated that she filed the complaint at the instance of her brother and sister - Doctor stated that prosecutrix has given history of rape being committed on her before 5 to 6 months, but she..........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 5 -- Transfer to unauthorized occupant - Transfer could only be in respect of land situated beyond 2 miles of limits of a Municipal Corporation, Municipality or other local body - Thus, case of petitioner is not covered by the policy and they can take no benefit thereof - Rule is not applicable because for..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20 -- Domestic violence - Relatives of husband - No specific allegations as to how relatives of husband have caused acts of domestic violence - It is also not known as to how other relatives who are residents of Gujarat and Rajasthan can be held responsible for award of monetary relief to wife - As there..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Wife met a homicidal death in her own house mid night when accused was alone with her - Defence of accused that intruders came to their house to abduct him disbelieved - Prosecution established prima facie case and onus shifted to accused -..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of wife by husband - Fire arm injury - Circumstantial evidence - Accused initially stated in FIR that three intruders entered his house in order to abduct him and they shot dead his wife - However, he has not mentioned any reason or named any on suspicion of enmity or otherwise why intruders wished..........
