Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Accused in police custody in a criminal case u/s 392 IPC - Prosecution allegation that accused when produced and brought out of Court, some unknown person handed over a packet to him, whispered something in his ear and then fled away - Packet allegedly contained charas - Identity of unknown person not..........
Contempt of Courts Act, 1971, Section 15(2) -- Contempt against Judicial Officer - Petition for initiation of contempt proceedings against judicial officer for taking applicant in custody while disposing regular bail application ignoring the protective order - Motion was not made by Advocate General nor petition was filed with consent in writing of Advocate General -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence of heinous crime of killing an old helpless lady by strangulation - Three bail applications rejected by Additional Chief Judicial Magistrate - High Court granted bail even when charges not yet framed - It was not the stage at which bail should have been granted to the accused - Impugned order set aside - Bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i) -- Accused cultivated ganja plant in kitchen garden and 190 gms. ganja recovered and seized from his house - Investigating officer failed to prove that he affixed his own seal as required u/s 55 of the Act - No evidence that sample and specimen impression of seal and seized articles were deposited in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Marriage took place 15 years prior to date of occurrence - Deceased was suffering from mental ailment and was getting treatment for the same - Out of 20 prosecution witnesses, only one witness examined so far - Accused in custody for the last more than 6 months..........
Criminal Procedure Code, 1973, Section 306, 307, 482 -- Grant of bail to pardoned accomplice - Pardon granted to petitioner u/s 307 Cr.P.C by special Court - Held bar of S.306 (4) will not apply which provides that unless he is already on bail accomplice shall be detained in custody until termination of trial - High Court can grant bail in exercise of power u/s 482 of the..........
Will -- Execution - Proof - Will 30 years old - Presumption as to its correctness u/s 90 of the Evidence Act applies if it comes from proper custody and demonstrate that it is otherwise free from suspicion. (Evidence Act, 1872, S.90)...........
Punjab Excise Act, 1914, Section 61(1)(a) -- Illicit liquor - Recovery of - Accused acquitted as : (1) Constable who took the sample for chemical analysis not examined and opportunity to cross examine the witness not provided to accused and thus accused certainly prejudiced; (2) IO could not tell in whose custody the liquor remained; (3) CFSL form does not disclose as to..........
Banking service -- Deficiency in service - Compensation - Complainants' having given clear instructions to the appeliant-OP Bank for stop-payment in respect of the lost cheques from his custody but appellant making payment of Rs.3,65,000/- despite clear instructions - Impugned order passed by the District Forum holding deficiency in service on the part of appellant and..........
Banking service -- Deficiency in service - Compensation - Complainants' having given clear instructions to the appeliant-OP Bank for stop-payment in respect of the lost cheques from his custody but appellant making payment of Rs.3,65,000/- despite clear instructions - Impugned order passed by the District Forum holding deficiency in service on the part of appellant and..........
