Indian Penal Code, 1860, Section 347, 365, 323, 368, 34 -- Offence u/ss 347, 365, 323, 368, 34 IPC - Testimonies of PWs - PWs 1 and 2 made improvements in their statement from their statement recorded by police including variations from complaint, which forms basis of registration of FIR - Variations in relation to material particulars in the testimony of PWs - Even..........
Delhi Rent Control Act, 1958, Section 25B -- Eviction petition - Bonafide requirement - Limitation for purpose of filing leave to defend - Mode of service - Both modes of service are mandated and have to be resorted to simultaneously by Controller - However, if service through one mode is completed or successful, that is deemed sufficient, irrespective of whether other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.500 kg charas - Conscious possession - Testimony of Official witnesses - There are major contradictions and discrepancies in the statements of PWs with regard to arrest of accused and shape of charas - All these discrepancies, inconsistencies and contradictions in the statements of PWs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 300 gm charas - Independent witness not supported prosecution case, as he stated that no search and seizure was carried out at the spot - Testimony of official witnesses does not inspire confidence - NCB form demonstrate that FIR no., date and provisions of NDPS Act under which FIR was lodged..........
Partition suit -- Partial partition - Difference in the mode of acquisition of suit property and other properties - Parties to the suit are not the only owners of other properties - Held, suit for partial partition is not bad as other properties not included are not acquired by the parties to this suit and those others have nothing to do with the property to which this..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85 -- Recovery of 1.100 gms charas - Conscious possession - Prosecution failed to prove that accused were in conscious possession of contraband which was allegedly recovered from a bag carried by accused - Major contradictions in the testimonies of PWs with regard to mode and manner in which independent..........
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 32, 33 -- Reservation of 3% for Persons with disability - Rule of no reservation in promotions as laid down in Indra Sawhney's case, has no application to Persons with Disability - Persons with Disability cannot be equated with backward classes contemplated u/art..........
Indian Penal Code, 1860, Section 420 -- Cheating - Commercial transaction between parties wherein, petitioner sold his transformers after making negotiation with respondents with a clear understanding on the mode of payment - Mere fact that respondents failed to pay the balance money to petitioners, does not amount to offence of cheating - Refusal to register complaint,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 7.400 kg charas - Testimony of official witnesses - There are lots of inconsistencies and contradictions in the testimonies of official witnesses with regard to mode and manner of search and seizure - Case of prosecution is full of loopholes - Prosecution miserably failed to link co-accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 16 kg charas - Chance encounter - Though there was information of persons carrying charas but the mode and modality of recovery and arrest of accused was mere chance and not upon search and seizure by any raiding party - Even pro-forma for seizure as exhibited, clearly mentions that it was..........
