Indian Penal Code, 1860, Section 302 -- Murder - Extra judicial confession - Appellant alleged to have killed his wife and daughter aged 8-9 years on a trifle issue not with the victims but his own brothers - Conviction based on extra judicial confession of appellant coupled with recovery of weapon of offence 'Kulhari and knife' - Blood stained kulhari and knife recovered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50(4) -- Contraband - Recovery on secret information on search of a house - Information not reduced in writing - Nor conveyed to Senior Officers - Sending of the information is mandatory - Violation of Section 42 of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Personal search - Recovery of contraband on secret information on search of a house - Personal search of a lady conducted by a male Police Officer - Violation of Section 50(4) of NDPS Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409 -- Speedy trial - Misappropriation of money - FIR registered after 15 years of occurrence - Petitioner retired from service - No recovery can be effected from accused - Proceedings quashed...........
Consumer -- Banking - Recovery of amount payable in a foreign currency - Five dates compete for selection as the proper date for fixing rate of exchange - (1) The date on which the amount becomes due and payable; (2) the date of the commencement of the action; (3) the date of the decree; (4) the date when the court orders execution to issue; (5) and the date when the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2.5 Kgs. of heroin - Wife of accused to undergo surgery - There was nobody to look after her except her aged father of 75 years - Interim bail for two weeks allowed...........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Money decree - Recovery of amount payable in foreign exchange - Selection of proper date for fixing rate of exchange at which foreign currency amount has to be converted into currency of country in which action commenced & decided - Dates are - (i) Date on which amount became due & payable (ii) Date of commencement of action..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction - Accused sentenced to six months imprisonment and direction to pay cheque amount as compensation to complainant - Default sentence undergone - Fact that default sentence was undergone is no immunity against subsequent attempt for recovery of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Conscious possession - Recovery of 125 bags of Poppy Husk - Each bag weighing 40 Kgs. - Recovery effected from a truck - Case property produced before Court not bearing any identification mark to prove that case property was the same which was recovered from accused - Bags were in torn condition -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 8 -- Conscious possession - Recovery of 125 bags of Poppy Husk - Each bag weighing 40 Kgs. - Recovery effected from a truck - One accused was driving truck and other two were sitting in the truck - During trial no question put to accused under S.313 Cr.P.C. that they were in conscious possession of..........
