Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque dishonoured issued in terms of settlement in Lok Adalat - Decree Holder need not to be driven to Court for filing a civil or criminal proceedings for the recovery of the amount covered by the cheque - Decree holder is entitled to get the decree for said amount with interest and costs,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 2 kg 300 gms charas - No entry in malkhana register when case property was taken out and redeposited after producing in Court - No evidence as to who produced case property in Court - No DDR report prepared at the time of producing case property in Court and when it was taken back -..........
Indian Penal Code, 1860, Section 363, 365, 376(2)(f), 302, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 8 years old mentally and physically retarded girl - Accused after brutally raping victim girl, hit her head against motorcycle and then used a stone to smash her head and tried to flee that very night itself - Police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.800 kg charas - Production of case property in Court - No entry when case property was taken from the Malkhana to be produced in Court - It is necessary to make an entry when the case property is deposited in the Malkhana (store room) and taken out from the store room - Held, it casts doubt..........
Indian Penal Code, 1860, Section 354, 302, 404 -- Outraging the modesty of woman and murder - Accused alleged to have killed deceased after molesting her and dishonestly misappropriated property belonging to her - Evidence on record shows that accused had an evil eye upon deceased and also winked and teased her on previous occasions - Medical evidence shows that there was..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of `lathi' & wrist watch - It is highly improbable that lathi allegedly used in commission of offence was recovered inside the room of accused openly making no attempt to hide it - No human blood was detected by FSL on said lathi thus, said recovery becomes doubtful - So far as wrist watch of deceased is concerned..........
Evidence Act, 1872, Section 24 -- Extra-judicial confession - Since extra judicial confession was not corroborated from any other independent witness, it cannot be relied upon particularly when accused denied this fact - Moreover, confession made before police is not admissible except such part of statement through which any recovery is made but the recoveries made at the..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused a public servant (BDPO) demanded Rs.2000 from complainant to pass the resolution for auction of fish-ponds in village - Complainant was Sarpanch and had sent the resolution for approval of accused - Accused caught red handed while demanding and accepting illegal gratification - Recovery of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 7 kg heroin - Non-examination of panch witnesses - Merely because panch witnesses not produced in Court on account of their no, availability at the given address, prosecution case cannot be thrown out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 7 kg heroin - Plea of manipulations of search and seizure proceedings - Mere fact that instead of conducting proceedings at the spot, it was done in DRI office, same does not in any manner reflect that the proceedings were in any way manipulated or fabricated later on - Plea rejected...........
