Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 149 -- Anticipatory bail - Offence u/ss 306, 149 IPC - Police has taken into possession audio recording of suicide note, which is being investigated - Custodial interrogation of petitioners for that purpose is not required - Bail granted - Directions issued...........
Suits Valuation Act, 1887 -- Suit filed for mandatory injunction claiming possession in the alternative - Plea that suit for possession without seeking declaration of title is not maintainable - Once relief of possession is sought, declaration is implicit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal - Appeal dismissed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Framing of issues to decide application for secondary evidence - Documents whether exists or not, destroyed or not, or are in the possession of same person or not or can be produced before Court or whether secondary evidence is to be allowed or not - Held, Court below is within its right to frame issues in this regard..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C - Offence under NDPS Act - Specific question not put to all three accused that they were found in conscious possession of contraband which was lying in an open area as per version in FIR - Accused denied their right to prove innocence in this regard...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Rule 23, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Senior citizen - Eviction order passed on 27.10.2017 - Possession of one room delivered - Judicial Magistrate passed an order on 27.02.2018 u/s 12 of Protection of Women from Domestic Violence Act so as to protect possession of wife..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Joint property - An undivided share of a co-owner of a property may be subject matter of sale - But a definite piece of joint property cannot be sold in execution sale describing it as share of JD - Purchaser cannot be put into possession of property unless property is partitioned by metes..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Application allowed subject to proof of loss - Since no proof of loss was provided, trial Court rightly not considered secondary evidence - Even otherwise, appellant knew right from the beginning that original Will was not in his possession and there is delay of 32 years between death of testator/father and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 32 kg poppy husk - Reduction of sentence - Recovery effected from joint possession of both the accused - Both the accused are not previous convicts or have not indulged in any illegal activities after their conviction in the year 2005 - Sentence of accused thus, reduced from R.I for 1 year each..........
