Indian Penal Code, 1860, Section 326, 307 -- Complaint u/ss 326 & 307 IPC - These two sections cannot be used simultaneously to convict a person - Although punishment u/ss 326 & 307 IPC is similar but offence is not the same - In the instant case, offence related to victim being shot in right shoulder - Victim was hospitalized for about 20 days therefore if at all accused..........
Indian Penal Code, 1860, Section 364, Criminal Procedure Code, 1973, Section 313 -- Abduction - Statement of accused - Complainant alleged that her daughter was abducted by her own husband (accused) - No evidence brought on record regarding abduction - Complainant admitted that her daughter remained in jail but she was not aware of the year when she remained in jail -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- illegal gratification - Demand and acceptance - Prosecution failed to prove beyond reasonable doubt that there was either a conscious demand or conscious acceptance of the bribe amount by appellant - Nothing on record to show that sample sent to FSL was in a tamper free condition except FSL report stating..........
Indian Penal Code, 1860, Section 302, 120B, 201, Arms Act, 1959, Section 25(1) -- Murder - Criminal conspiracy - Circumstantial evidence - Trial Court and High Court both held that offence of criminal conspiracy to commit murder not proved - Deceased died due to gun shot injury - Medical evidence establish that there is possibility of accidental death - Nitrate found in..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Permission to sell - Superdari - Petitioner allowed to sell vehicle in question subject to condition that prospective/intending purchaser shall execute superdari bond to produce the vehicle as and when required - Petitioner is registered owner of vehicle and accused has no objection for sale of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Non examination of independent witness being won over - No other independent corroboration to establish authenticity of raid and recovery of contraband from accused especially when place of recovery was within the Abadi of village - Moreover, no test identification parade of accused was..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Valuation of suit - Suit for mandatory injunction - There are specific assertions in plaint that even on date of filing of suit it was plaintiffs who were in possession - It cannot be said that plaintiffs were seeking possession of suit property by virtue of making prayer for mandatory injunction - Moreover, Court..........
Limitation Act, 1963, Section 3 -- Limitation - Suit filed after prescribed period `shall be dismissed' even though limitation has not been set up as a defence...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand of Rs.1000/- from complainant for entering mutation regarding charge of ownership - Neither recovery nor acceptance of amount proved on record - Shadow witness stated that notes were recovered from store room and not from pocket of accused - PW6 denied having recovered amount..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - If conduct of wife is abominable, she is not entitled to claim any amount from husband - Moreover, wife having sufficient income as a medical practitioner working as freelance consultant and she also suppressed material facts with regard to her investments in shares and mutual funds - Impugned order of Family..........
