Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Non-joining of independent witnesses - Evidence of official witnesses consistent and coherent - Their depositions corroborate each other on all material particulars and no material has been brought out in cross-examination to cast doubt on their credibility - Absence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Chain of custody in the case remains clear and continuous - No evidence on record to indicate tampering, substitution or mishandling - Forensic report confirms presence of cannabinoids in sample, which stands in complete harmony with seizure - In these..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3 -- Application to examine LR of deceased plaintiff as a witness - Application dismissed on the ground that petitioner was impleaded as LR at the stage of defendant's evidence and evidence of plaintiff was already closed - However, since valuable rights of petitioner are involved in the case, it would be in the..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Prosecution falsely implicated accused on the ground of enmity and rivalry between deceased and accused - Suspicion and doubt however, so strong cannot take place of proof or evidence - For holding any person guilty for any crime strong evidence beyond reasonable doubt must be adduced by prosecution - Neither there is..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Mere allegation without any credible evidence cannot be taken as granted to transfer proceedings from one place to another...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was engaged in videography and computer mixing work - However, no evidence led by family of deceased to prove income of deceased - Income of Coolie in the year 2008 when accident occurred was Rs.6500 - Income of deceased @ Rs.7000 p.m. rightly claimed by claimants...........
Criminal trial -- Judge has to decide the case based on evidence available in case - There is no restriction for a judge to try or to hear a case or an appeal arising out of a totally different case, merely on the ground that litigant was tried and convicted by same judge earlier...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When Court on the basis of evidence on record found no cause to invoke suo motu power u/s 319 Cr.P.C, same cannot be lightly invoked on the mere accusation made by complainant...........
Indian Penal Code, 1860, Section 302, 300Exception, 4 -- Murder - Infliction of four knife blows to an unarmed person on vital parts of body is indicative of accused acting in a cruel manner - There is no evidence of exchange of blows - Case does not fall u/s 300 Exception 4 IPC...........
