Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Multiple oral dying declarations - Murder - Oral testimony of PW1, PW2, PW5, PW6 being member of deceased's family as to dying declarations shows that testimonies of all these vital witnesses as to disappearance of victim and her coming back home late at night was inconsistent and contradictory - There..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 7.79 gms heroin - Intermediate quantity recovered from accused which is very close to small quantity - Rigors of S.37 of NDPS Act not attracted in the case - Petitioner is involved in five FIRs registered against her under NDPS act, but..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Statement made by a witness before Magistrate authorized to tender oath is not a substantive piece of evidence and it has to be taken only as a previous statement - It can be used both for corroboration and contradiction - It can corroborate maker or deponent if he is examined as a witness - Such..........
Criminal Procedure Code, 1973, Section 160 -- Summoning of a person to depose as a witness - Police officer can summon a person to depose as a witness only if the person resides within the limits of his police station or within the limits of any adjoining police station...........
Criminal Procedure Code, 1973, Section 160 -- Summoning of accused to depose as a witness - Not permissible - No accused can be asked to self incriminate - Summoning him as a witness is out of question - If Investigating Agency wants to interrogate accused it will have to proceed in accordance with law...........
Criminal Procedure Code, 1973, Section 160 -- Attendance of witnesses - Power of police officer - S.160 Cr.P.C states that a police officer investigating a case can require attendance of any person who is residing within limits of his own police station or any adjoining police station and who appears to be acquainted with facts of case under investigation - In the instant..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 27, 29 -- Bail - Recovery of 1400 tables of Tramadol Hydrochloride - Petitioner driving a motorcycle and co-accused was a pillion rider - Contraband recovered from co-accused who held a bag containing contraband - Petitioner whether can be said to be in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Informant is I.O of case - Chances of tacit bias in getting desired result of his own complaint cannot be ruled out - Further, if complainant is himself I.O, accused as well as prosecution are deprived of their valuable right of contradicting and corroborating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Search and seizure - Recovery effected from the house of accused - Independent witnesses PW1, PW2 & PW3 stated that house of accused was not searched in their presence nor anything was recovered in their presence - They were asked to sign on plain papers -..........
