Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 10.200 kg opium - Independent witness not supported prosecution case - Compliance of S.50 of the Act not discernible from testimony of PW6 himself - There was also an interpolation in mentioning weight/quantity of contraband - Conduct of accused as per prosecution that he himself was keeping..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Search and seizure - Correction in quantity of contraband recovered from accused in memorandum of taking out sample - There is no correction or interpolation in quantity of contraband recovered from possession of accused - Therefore, correction in memorandum of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302 -- Recall of Doctor/PW5 for further cross-examination - Murder case - Objection raised by accused regarding interpolation in medical record - Statement of PW5 was recorded by way of video conferencing and in such event, putting specific question about interpolation in post mortem report by..........
Will -- Suspicious circumstance - Statement of scribe/document writer - PW2 admitted that all the entries recorded in register maintained by him in same ink except one entry which pertained to Will in question which was in different ink - Explanation given for the same is that PW2 used to keep 2-3 pens, does not inspire confidence - Not only this, cutting made in..........
Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Disability certificate - Interpolation in disability certificate were admittedly made by doctor - It was not clearly established as to whether disability is permanent - Disability held, to be temporary in nature - Ends of justice would be met by directing payment of Rs.9,10,000 as compensation with 9% interest p.a...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forgery - Interpolation of cheque - Scribe i.e payer/complainant made slip of pen in between words of amount written on cheque - He appended his signatures to ratify cutting and validated the cheque - Bank did not dishonor the cheque on ground that rectification/alteration amounts to mutilation - Trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 Kg opium - Interpolation of date of incident in consent memos and recovery memos - Consent memos and recovery memos are documents which are prepared at first instance - Site plan shows that there is no interpolation in date - When the material documents regarding recovery of contraband,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed hand writing - Expert opinion - Accused can seek opinion of handwriting expert and can examine him as a witness - No question arises for sending cheque to FSL - Accused can also apply for summoning the concerned bank officials to ascertain interpolation of the..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Order of maintenance passed after consent of parties - Plea of interpolation and over writing in order - Appellate Court upon examination of record categorically recorded that over writing has been duly initiated by Presiding officer - Parties have put their signatures on order..........
