Bharatiya Nagarik Suraksha Sanhita, 2023, Section 497 -- Release of seized gold and silver jewellery articles - Alleged jewellery articles were seized from house of petitioner and concerned jeweller have prima facie verified the bills - Seized jewellery articles cannot be kept in custody of police, indefinitely in anticipation that complainant would come forward to claim..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - By mere identification of plaintiff, advocate cannot be held liable to face proceedings u/s 35 of the Act...........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of an accused is a fundamental requirement for establishing culpability and where no credible source or circumstances of identification are provided, testimony regarding identification becomes inherently unreliable...........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of accused - Absence of critical information regarding identification of accused especially when the incident occurred at night renders the prosecution's case doubtful - FIR and testimonies of witnesses during trial exhibit material contradictions - Medical evidence presented is..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not merely with regard to possession, but pertains to identification and demarcation of their respective shares - Both sides are asserting possession over different portions of same khasra number and controversy essentially revolves around exact demarcation of..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - When accused was not known to victim previously, identification through a Test Identification Parade is of utmost importance - Failure to hold such parade is a serious lacuna that affects credibility of identification in dock for the first time...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - I.O. himself admitted that no TIP was conducted - He deposed that three villagers had allegedly identified accused in connection with occurrence, but not a single one of them was examined by prosecution - Failure of prosecution to examine these vital witnesses strikes at the root of case..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Auction sale - Setting aside - Issue relating to identification and measurement had been raised in the very beginning and there are reports of Bailiff, who had gone to deliver possession stating that there was difficulty in identifying the same - In the garb of boundaries being mentioned, auction purchaser cannot..........
Evidence Act, 1872, Section 65B, 3 -- Secretly tape recorded conversation - Admissibility in evidence - Three fold test of relevance, identification and accuracy has to be satisfied - Fact that conversation was recorded without consent and knowledge of person speaking is not a prohibition on admissibility of evidence...........
Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Identification and participation of other appellants other than `R' in assault has not been proved beyond reasonable doubt by prosecution - Conviction and sentence of appellants set aside...........
