Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 21,25,29,61,85, Explosive Substances Act, 1908, Section 3,4,5, Unlawful Activities (Prevention) Act, 1967, Section 17,18,19,20, Indian Penal Code, 1860, Section 120B -- Huge recovery of RDX, Heroine, Fuse Wire, Live detonators and fire/timer devices - Bail - Refused -..........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Witness present for cross examination whose affidavit of examination-in-chief was tendered and opportunity to cross examine witness not availed - No prejudice caused to defendant if this witness did not enter the witness box...........
Criminal Procedure Code, 1973, Section 293 -- Report of Public Analyst - Admissible in evidence without calling the maker of the report as a witness - However, this does not mean that right of accused to cross examine the maker of the report is lost merely on the ground that the report can be used as evidence without being proved by a witness - Merely by pointing out to..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Appeal - Bail - Appellant invited deceased to her room - Deceased found lying on the floor in a dead condition in his underwear and vest - Suspicion expressed by informant against appellant - In cross-examination appellant implicitly admits her presence in house - Apart from making a bald statement that she was not..........
Indian Penal Code, 1860, Section 379,34, Criminal Procedure Code, 1973, Section 313 -- Theft - Accused not examined strictly in compliance to S.313 Cr.P.C. - Accused not given right to cross examine the witnesses - Material prejudice caused to accused - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant admitted in her cross examination that at the time of sale deed, accused had paid Rs.60,000/- - Complainant also admitted that hand writing on counter foil of the cheque is hers and it does not bear signature of accused - There is no explanation in her notice and..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Case u/ss 364 and 302 IPC - Closure of evidence by trial Court - Validity - Held, in such a serious case, the right of cross-examination of accused should not be closed forever due to fault of counsel and client should not suffer for default of counsel - It was duty of trial court to afford reasonable..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Bonafide requirement - Concurrent findings - Landlord specifically stated that demised premises is required by him for his personal use and occupation to supplement his needs after his retirement and also for use of his daughters who will be doing work of stitching in demised premises - Daughter denied need in cross..........
Land Acquisition Act, 1894, Section 54 -- Land acquisition - Compensation - Market price - Average sale price of transactions far less than the price for which land was sold vide Ex.28 is not a ground for discarding Ex.28 - There is no basis for the assumption that the purchaser of the land must have offered higher price for special reasons when sale deed was proved and..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioners report - Objections filed - Failure or omission to consider objections - Objector can raise the ground that report of commission be not acted upon having ignored to consider his objection and decided whether it ought to be remitted or set aside, irrespective of the fact that he did not cross examine..........
