Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Napkin of accused was stained with human blood of `B' group - Accused and deceased were brothers and there is every possibility that blood group of accused may be group of `B' - Since blood group of accused was not determined and seizure witness turned hostile, recovery held, not proved -..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons by affixation - Summoning of process server and witnesses not necessary in every case, wherever service takes place by affixation - Plaintiff himself could have produced said witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Search and seizure - Entire case based on search and seizure - If search and seizure is doubtful, conviction of accused cannot be sustained...........
Criminal Procedure Code, 1973, Section 210 -- Complaint case and police investigation in respect of same offence - Procedure - It is mandatory for Magistrate to stay proceedings of enquiry or trial and call for a report on the matter from police officer conducting investigation...........
Co-sharer -- Cannot seek an injunction against another co-sharer except in a case where he shows that other party is in exclusive possession of common property and act of person in possession of property amounts to ouster of co-owner. (Specific Relief Act, 1963, S.38)...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376D, 506 -- Quashing of proceedings - Rape case - Prima facie case against accused is made out from perusal of allegations made in complaint and statement of complainant u/s 200 Cr.P.C and his witnesses u/s 202 Cr.P.C - Allegations levelled against accused can be adjudicated only after trial and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Independent witnesses not fully supported prosecution case - However, official witnesses have unequivocally stated about search and seizure of contraband - Defence failed to elicit anything from PWs which could suggest that they were in any manner inimical to accused..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cannot be taken on record after framing of issues - In the instant case, plaintiff's evidence has commenced - Prejudice is definitely going to be caused to plaintiff inasmuch as entertaining counter claim at this stage would put clock back on entire suit - Counter claim rejected...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Discharge - Illegal gratification - Demand of bribe was backed by a false bill in respect of a work already executed by another - Uncontroverted allegation establishes offence prima facie - A grave suspicion is disclosed from detection of tainted money after trap..........
