Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 46 bags of poppy husk in a police raid at night time - Out of two accused one escaped but I.O. identified him in torch light - Not believable that I.O. could identify when accused was earlier not known to him - Accused acquitted - Conviction of accused apprehended at spot upheld...........
Consumer Protection Act, 1986, Section 2(1),(e), Motor Vehicles Act, 1988, Section 2(21) -- Insurance claim - Repudiation - Ground that driver of the concerned vehicle not having driving licence to drive light motor vehicle - Concerned Maruti Omini van having eight seats and Light Motor Vehicle (Transport Vehicle) - Driver who was having licence to drive car/jeep/scooter/..........
Succession Act, 1925, Section 63 -- Will, validity of - Heavy burden on propounder of dispelling suspicious circumstances surrounding the Will - Suspicious circumstances surrounding the Will - (i) testator died 5 days later after execution of Will, (ii) Will did not see light of the day for over 20 years, (iii) Will recorded on ordinary paper, (iv) Will not registered, and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Plaint has to be read as a whole - Question of amendment should be considered in that light and not merely on the basis of the prayer clause...........
Succession Act, 1925, Section 74 -- Will - Construction of - Intention of testator should be given primary importance - Words to be construed in the background of intended meaning which testator himself desired to ascribe to the words used - Recitals in the Will to be construed in the light of intention openly and firmly expressed in unmistakable terms by the testator as..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Reversal of conviction - High Court reversed conviction on grounds of discrepancy in the time and place of occurrence, delay in forwarding FIR to the Magistrate and doubt about source of light in order to identify the accused - Held, using mild expression and standard of..........
Criminal Trial -- Appreciation of evidence - Identification of accused at night - Fact that there was an electric pole near the place of occurrence and also a pan shop - Moreover, accused was not a stranger - He was earlier working with the deceased - Without adverting to these facts, the High Court held that there is doubt about the source of light so as to identify the..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Order allowing amendment of plaint in the light of additional evidence produced by defendant - appellant - No failure of justice occassioned - Order does not suffer from any illegality or material irregularity in exercise of jurisdiction - Substantial justice done and no prejudice caused - Order upheld...........
Indian Penal Code, 1860, Section 326 -- S.320 IPC clause 8 can be divided in three parts (a) any hurt which endangers life, (b) which causes the sufferer to be during he space of twenty days in severe bodily pain and (c) or unable to follow his ordinary pursuits - Third part has to be read ejesdum generis in light of earlier parts - Injured assaulted with knife in scuffle..........
Indian Penal Code, 1860, Section 452, 307, 302, 34 -- Conviction by Sessions Court - Acquittal by High Court - Appeal against acquittal - High Court acquitted on ground of no proof of light, improvements and contradictions in testimony of prosecution and difference in occular and medical evidence regarding injuries - Supreme Court finding view of High Court based on grave..........
