Specific Relief Act, 1963, Section 6 -- Summary suit u/s 6 of the Act - Dispossession - Complaint with police not lodged - Neighbours not examined as such an adverse inference has to be drawn that best evidence available is deliberately withheld from Court - Documents relied upon like Power of Attorney, lease deed etc. do not in any way prove or establish possession of..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 166B, 337, 338 -- Direction for Registration of FIR - Medical negligence - Complaint prima facie disclose negligence of medical practitioner while treating patient - Dismissal of complaint only on the ground that affidavit not filed alongwith complaint, not proper - Affidavit not filed with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Option of search before police officer or gazetted officer or Magistrate - Held, there are only two officers i.e. nearest Gazetted Officer or nearest Magistrate - There is no third option mentioned in the provision of S.50 of the Act...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Illegal or unauthorised detention by police officials - Said detention cannot be taken to have been made by accused while acting or purporting to act in the discharge of their official duties - Sanction for prosecution is not required...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Illegal or unauthorised detention by police officials - Said detention cannot be taken to have been made by accused while acting or purporting to act in the discharge of their official duties - Sanction for prosecution is not required...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(2), 29 -- Recovery of ganja 9200 gm - Complainant a police officer who himself carried out the investigation and after conclusion of investigation he himself filed the charge sheet - Accused acquitted...........
Indian Penal Code, 1860, Section 320, Evidence Act, 1872, Section 32 -- Three dying declarations - Murder - Death by burning - Deceased suffered 72% burn injuries - First oral dying declaration of deceased recorded by police is consistent with second dying declaration which was recorded by Executive Magistrate - Deceased named the accused in both the dying declarations -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 250 gms charas - Conscious possession - Accused was apprised of his legal right to be searched before a Magistrate or a Gazetted Officer - Consent memo was prepared - Case property was produced before SHO and same was resealed with seal impression and sent to FSL also - Samples have reached FSL..........
Indian Penal Code, 1860, Section 376, 341 -- Rape - Prosecutrix allegedly raped by accused at a distance of about 15-20 feet from her house - There were many family members of prosecutrix present in the house - If prosecutrix had shouted, all the members would have reached the spot, as she herself admitted that even a feeble noise was audible from road - Medical evidence..........
