Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 Cr.P.C - Statement of executant police official was on a printed proforma instead of same having been recorded in Court, which raises doubt about compliance of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision enumerated U.O.8.R.1 CPC is directory and not mandatory and power of Court to provide an extension to scheduled time for filing statement is not completely taken away...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Written statement shall be filed within the period of 120 days from the day of service of summons - It is only mandatorily applied to commercial suits and not in non-commercial suits, in latter it acts as a directory provision...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Injury caused in the manner described by eye witness/PW1 - It was a single firearm injury as stated by doctor - Eye witnesses specifically and very clearly narrated the incident in their testimony - Motive of crime was proved that deceased was killed for the reason that he had deposed against accused in an earlier..........
Evidence Act, 1872, Section 114 -- Adverse inference - Defendant contested the case but failed to enter the witness box or examine any witness and failed to send the document to hand writing expert to say that signature on document is not that of the defendant - An adverse inference has to be drawn against the defendant and the case put by him in the written statement to..........
Indian Penal Code, 1860, Section 302, 363, 364, 201, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused - Prime witness for proving the disclosure statement is PW1, whose testimony has failed to inspire confidence of Court in the light of contradictions, multiplicity of versions and material improvements - Other witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effectuated from accused - Merely because accused was in regular touch with co-accused is not sufficient to prima facie establish the offence against accused - Accused arrested on basis of disclosure..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of orders of Supreme Court - Land acquisition proceedings - Statement was made by counsel that in view of increase in price, Authority may not be in a position to pay compensation - Supreme Court ordered that authority was free to release the land as it was not in a position to pay the compensation -..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Informant stated that accused assaulted her son on both legs, chest, head and scrotum but doctors who have deposed as PW5, PW6 and PW7 did not find any injuries on the head and scrotum - Conduct of informant seems to be highly doubtful - More so, statement of informant that during occurrence PWs 1 to 3 reached..........
Limitation Act, 1963, Section 5, Rajasthan Rent Control Act, 2003, Section 15, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non filing of written statement in time - Condonation of delay - Petitioner failed to place any document on record to show the hardship that was caused to him on account of which he did not file written statement in time - He was..........
