Criminal trial -- Unnatural conduct totally against natural human behaviour of brothers of deceased - It is very unnatural that two brothers present on the spot will not even make slightest attempt to intervene and try to save the other brother being assaulted, merely on the threat extended by assailants armed with hockey sticks and a knife - Thus unnatural conduct is..........
Criminal trial -- Unnatural conduct totally against natural human behaviour of brothers of deceased - Medical clinic of doctor nearby place of incident - First endeavour of the two brothers would have been to take injured brother to the clinic for immediate medical aid or try and get some medical aid from the clinic of Doctor - According to statement of PW1 PCR Van..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Disclosure statement - Recovery of tip of knife - Tip of knife which was recovered on disclosure statement of accused was broken and it was not pointed but blunt - Whether type of stab and incised wound found on body of deceased could have been inflicted by a knife with a broken tip, is..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of PW1 and PW11 - PW1 and PW11 are brothers of deceased, who are alleged to be eye witness of incident - Accused were only armed with hockey sticks and a knife not with any fire arms - However, unnatural conduct of PW1 and PW11 during and after the incident is extremely doubtful, as..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1) -- Contraband - Seizure Panchnama discloses recording of reasons by police officer for not being able to apply for search warrant and also compliance of S.42(1) Proviso of the Act - Panchnama also shows search being made in presence of a gazetted officer - There is thus, due compliance of all requirements..........
Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A -- Oral dying declaration - Dowry death - Cruelty - Death by burning - 95% burn injuries - Dying declaration was made to PW2 in presence of doctor and nurse - However, prosecution failed to produce best evidence viz. doctor and nurse - Withholding of best evidence affects credibility and veracity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 54 -- Recovery of 13 kg charas - Conscious possession - Accused was on counter of dhaba, which was constructed on land owned by his wife and charas was found in counter of dhaba in a gunny bag - He thus, not only had direct physical control over charas, he had knowledge of its presence and character -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 600 gms heroin - It is not necessary that person suspected be searched in presence of a Magistrate or a Gazetted Officer notwithstanding that he declines the same after being made aware of his rights in this regard...........
