Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of blood stained sweater at the instance of accused - FSL report with regard to blood stained sweater merely mentions that human blood was recovered - However, it is nowhere mentioned therein as to whose blood it was - Recovery cannot be said to be cogent and convincing evidence which would connect accused..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Issue of limitation - Recovery suit - District Judge remanded the matter for retrial for the reason that issue of limitation though not raised by defendants goes to root of matter - However, question of limitation was considered by trial Court in first round of litigation - Defendants had not challenged said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 20(b)(ii)(A), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of charas - Applicant is a German national working as qualified Audio Engineer and a roofing specialist - He came to India for first time for tourism purpose - There are no criminal antecedents of applicant - Contraband was..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon - Accused while in police custody confessed that he has murdered deceased by means of a gun and that he will show the spot of occurrence and produced gun before witness - No statement given by accused regarding information of place of concealment even..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased died due to firearm injuries - Post mortem report and doctor stated that injuries were caused over body of deceased with firearm and bullet was found embedded in the body - Recovery of weapon at the instance of accused from his bua's house proved on record -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admittedly, accused has not taken any appropriate steps to secure back his blank cheque alleged to have been given by him to complainant at time of loan transaction - Had he really issued a blank cheque as a security in previous loan transaction, accused should have necessarily taken appropriate steps..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 12 packets of poppy straw - Secret information - Information received from informant neither taken down in writing nor copy of information given to immediate superior officer within 72 hours in view of S.42(2) of the Act - Mandatory provision of S.42 of the Act violated - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 12 packets of poppy straw - Contraband recovered out of plastic gunny bag containing 12 polythene packets of one kg each carried by accused - Provision of S.50 of the Act not attracted...........
