Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 15 ceripex tablets and 9 noxious biscuits - Sampling process - Lack of particular description as to how sample was taken out of 15 ceripex tablets - If whole of recovered tablets were treated to be sample and same was sent to FSL then there is no whisper as to on whose instance by whom and as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of complainant during pendency of complaint - Legal representative substituted as complainant has right to appear as his own witness as cross examination of complainant was deferred...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - Party can appear as its own witness after examination of other witnesses with permission of Court - Such permission may also be sought at later stage and if Court finds merit in the same it would not be debarred from acceding to such a prayer...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - An application u/s 311 of the Code may be allowed at any stage of trial, if Court is of opinion that examination of any such person appears to be essential to the just decision of the case...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recalling of witnesses - Filing of application u/s 151 CPC for seeking inherent power of the Court cannot be utilized in place of O.18.R.17 CPC - In the present case, witness was cross-examined by counsel for plaintiff on two dates - Cross-examination of such witness after tendering his evidence shows the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 of NDPS Act - Recovery of 2050 tablets - Only 10 tablets out of huge recovery of 2050 tablets were sent for chemical examination - Even, there was no batch mark on the tablets - Moreover, petitioner is in custody since the date of his arrest..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Sexual assault - FSL report regarding vaginal swab of victim which was sent for examination is not helpful for prosecution to prove offence u/s 4 of the Act - However, evidence relating to penetration into vagina, mouth, urethra or anus of a child etc. or any part of body of victim is not found -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Juvenile - Determination of age of prosecutrix - Rape case - Neither matriculation certificate, nor date of birth certificate from school first attended and birth certificate by Corporation or a Municipal authority or a Panchayat was on record - Prosecutrix was examined by Medical Board which has..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of sale deed - Production of same during cross examination of defendant - Trial Court permitted him to do so - Amounts to implied permission of Court as warranted by O.7.R.14(3) CPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.750 kg ganja and 2.175 kg charas - Presumption of culpable mental state - No evidence produced by defence to rebut said presumption - Nothing adverse has come out from cross-examination of PWs for rebuttal of such presumption - Therefore, even by drawing adverse inference as accused were..........
