Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - A-3 and A-4 were not arrested at the spot - Offence u/s 20(b)(ii)(c) of the Act deals with production, manufacture, possession, sale, purchase, transport, import or export of cannabis - It is not the case of prosecution that A-3 and A-4 were found in..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Document in question is not in possession of plaintiff and despite best efforts, same could not be procured from earlier counsel - Previous counsel categorically stated that said notice is lost from his office - Notice u/s 66 of the Act is not required to be given by plaintiff, as case of plaintiff falls u/s 66..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No sufficient ground to summon the opposite parties for trial with co-accused - Trial Court while rejecting the application u/s 319 Cr.P.C discussed the evidence on record and gave reasons while arriving at the conclusion - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Mere fact that deceased committed suicide within a period of seven years of marriage, presumption u/s 113-A of Evidence Act would not automatically apply - Presumption u/s 113-A of Evidence Act may be raised having regard to all other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail - Bar as provided in S.37 of the Act cannot be invoked where evidence against accused appears to be unbelievable and does not seem to be sufficient for the purpose of conviction of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effectuated from accused - Merely because accused was in regular touch with co-accused is not sufficient to prima facie establish the offence against accused - Accused arrested on basis of disclosure..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
Joint family property -- Court may presume u/s 114 Evidence Act the existence of fact that property purchased by husband in the name of wife who is homemaker and does not have independent source of income, is property of family...........
Will -- Proof of - Plaintiff being propounder of Will has to prove Will to remove suspicious circumstances as alleged by defendants - However, plaintiff failed to prove Will as required u/s 69 of Evidence Act - Will discarded and suit for permanent injunction on basis of Will rightly dismissed...........
