Army Act, 1950, Section 116, 120 -- It is not imperative that Summary Court Martial (SCM) be convened, constituted and completed by Commanding Officer of the Unit to which the accused belonged - It is competent and permissible for the CO of the Unit to which the accused was attached or sent on attachment for the purposes of trial, to try such accused by convening,..........
Evidence Act, 1872, Section 32 -- Dying declaration - Deceased remained in fit condition throughout recording of statement - Dying declaration bears appropriate endorsement of Doctor - Nothing on record which shows that there is any doubt in dying declaration - Dying declaration, held, reliable...........
Evidence Act, 1872, Section 32 -- Dying declaration - Murder case - Even if the eye witness account is taken to be inconsistent with dying declaration, once the dying declaration is found reliable, trustworthy and consistent with circumstantial evidence on record, such dying declaration by itself is adequate to bring home the case against accused...........
Uniform Market Price -- Maximum Retail Price - Same price for both exempted and no, exempted units - Invoices relating to exempted manufactured unit were placed on record - Assessee has also placed circulars issued, which showed that assessee had not collected sales tax - Books of account corroborate trade price circular and invoices - Entire sale proceeds or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1), 42(2) -- Recovery of 9 bags of opium - Non-compliance of mandatory provisions of Ss.42(1), 42(2) of the Act - Secret information - Communication which was sent to superior officer was not as per information recorded in Rozanamcha - There is no case that any ground for belief as contemplated u/ss 42(1),..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 320 -- Three dying declarations - Murder - Second dying declaration recorded by Executive Magistrate witnessed by two employees of hospital - Merely because no certificate of doctor is on record, it cannot be said that said dying declaration is not reliable as doctor was not present at that time to attend..........
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 -..........
Civil Procedure Code, 1908, Section 115 -- Revision - Finding of fact on a particular issue recorded by first appellate Court is usually binding on High Court while hearing revision against such order - Interference permissible only when any finding of fact is found to be wholly perverse or de hors to any provision of law or is recorded contrary to pleadings and evidence..........
Partition suit -- Deceased had made the arrangement with regard to his property during his lifetime - Said arrangements had been subsequently recorded in Memorandum of partition, which was duly acted upon by revenue authorities - Suit property which had been divided by deceased was in occupation of respective parties - Said fact has also been recorded in revenue record -..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder of wife by husband and his parents - Circumstantial evidence - Appeal against conviction - Conviction upheld, as chain of circumstances against accused is complete viz. : (i) Deceased a young bride was brutally murdered within 6 months of her marriage and her body chopped off in two pieces and thrown in the park by..........
