Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Since the case is not of recovery having been effected from a personal search, section 50 will not apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Search and seizure - Plea that there is non compliance of S.42 of the Act as the secret information had not been recorded in writing repelled - Held that S.42 will not apply as per explanation to section 43 of the Act as this was a case of recovery from an open place...........
Hindu Marriage Act, 1955, Section 13B -- Appeal against order under section 9 - During pendency of appeal parties seeking divorce by mutual consent - More than six months have already elapsed as to pendency of proceedings and parties not living together - Held, no useful purpose will be served to allow litigation to continue any further - Application u/s 9 allowed to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Recovery from public place - Held that recovery in the present case being from a public place will be governed by section 43 of the Act and no warrant u/S.41 of the Act would be required...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1) -- When mandate of proviso to sub-section (1) of S.42 of the Act is not followed by authorised officer before conducting the search, conviction cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1), 18 -- Recovery of 2.690 Kg. opium in house search of accused - Search was on prior information which was recorded in station diary - Conviction by trial Court but acquittal by High Court - Under second part of S.42(1) of the Act designated officer is under a legal obligation to comply with mandate of..........
Indian Penal Code, 1860, Section 376(2) -- Expln. (1) - Gang rape - Accused present on terrace where Prosecutrix was raped and played some or other role - Conviction of 4 out of 7 accused u/s 376(2)(g) - Trial Court could have convicted the 3 acquitted accused under Section 376(2)(g) by taking recourse to explanation (1) to clause (g) of sub-section (2) of S.376 IPC...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution can make use of the presumption as to dowry death as enshrined in section 113-B of the Evidence Act only on proof of ingredients which constitute dowry death...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Can be drawn when the following circumstances are proved i.e. (i) death of woman was caused by burns or bodily injury or had occurred otherwise than in normal circumstances; (ii) such death took place within 7 years of her marriage; (iii) the deceased was subjected to..........
Indian Penal Code, 1860, Section 324, 34 -- Causing hurt by dangerous weapons - Evidence of eye witnesses showing that accused caused hurt by means of weapons referred to in section and corroborated by recovery of weapon from scene of incident and further corroborated by medical evidence - Non examination of I.O. though serious infirmity, is not fatal to prosecution case..........
