Criminal Procedure Code, 1973, Section 173(2), 167(2) -- Final Report - Where final report is defective in nature and is returned with direction to resubmit after complying with defects, it amounts to no, filing of report - However, where final report is filed in complete form merely without chemical report, which is an additional piece of evidence, final report can not be..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Return of final report for want of chemical report would not amount to no, filing of final report, as it is only an additional piece of evidence which can be produced even at the later point of time - Moreover, Magistrate can take cognizance on final report even without chemical report - Final report..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of smack/heroin - Defective investigation - Prosecution failed to explain as to why cellular evidence was not brought on record - No investigation was carried out to find out if accused persons hatched criminal conspiracy - Prosecution even failed to collect any evidence as to A-2 being..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Defective notice - Name of Bank mentioned wrong - Not fatal unless it is proved by accused that there was some other transaction between accused and complainant and there were other cheques also given and defect in the name of bank or number of cheque shown has caused prejudice to him so as to..........
Criminal Trial -- Defective investigation - Where defective investigation has resulted in disappearance and loss of evidence, it would not negate and erase the evidence and material filed and relied upon - No prejudice and injustice is caused to accused - Defective investigation was at the behest and to help the accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal Gratification - Proof of - Allegations against accused that he asked for bribe for shifting telephone connection - Complainant consistently deposed as per prosecution version and no material contradiction or improvements in statement - Mere fact that a specific amount is due payable by complainant..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B) -- Murder - Plea of non compliance of S.313 Cr.P.C. - Material evidence and Ballistic Expert opinion not put to accused in his statement u/s 313 Cr.P.C. - Objection regrading defective statement u/s 313 Cr.P.C not raised either before trial Court or High Court -..........
Evidence Act, 1872, Section 116 -- Estoppel - Tenant of immovable property is estopped to deny title of landlord - Howsoever, defective title of landlord may be, a tenant is not permitted to dispute the same unless he has surrendered the possession of his landlord...........
Criminal trial -- Defective investigation - Though investigating agency is expected to be fair and efficient but any lapse on its part cannot per se be a ground to throw out the prosecution case, when there is overwhelming evidence to prove the offence...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Defective examination - Does not by itself vitiate the trial - Accused must establish prejudice caused to him - Onus is upon accused to prove that by reason of his not having been examined as required by S.313 Cr.P.C. he has been seriously prejudiced...........
