Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7.2 kg opium - Non-production of bulk quantity of opium - Would create a doubt in the mind of Court on genuineness of samples drawn - Simple argument that same had been destroyed cannot be accepted, as it is not clear that on what authority it was done - Neither application for..........
Evidence Act, 1872, Section 3 -- Non-explanation of injuries on accused by prosecution - Injuries sustained by accused were simple in nature and while so, it was not incumbent upon prosecution to explain those injuries - Doctor stated that said injuries can be self inflicted - Non-explanation of injuries on accused by prosecution not effected prosecution case...........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Breach of contract - Case involving a simple dispute of breach of contract - No offence made out from the case set up by complainant in FIR - FIR and all consequential proceedings quashed...........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
Ranbir Penal Code, 1989, Section 304A -- Medical negligence - Simple lack of care, error of judgment or accident - Cannot form a proof of negligence on part of medical professional...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Allegation that accused gave three stone blows on chest of complainant and also gave teeth bite on the right arms of complainant - However, no recovery of stone was proved - Even otherwise, there is nothing on record which suggests that injury can be related with stone, so story of causing injury with stone not..........
Indian Penal Code, 1860, Section 323, 308, 34 -- Nature of offence - Solitary head injury given to injured by lathi blow indicates that no bony lesion or any internal damage was caused - How such injury could prove dangerous as per PW5/doctor - No reason was given by PW5 for the same - There is no repetition of blow by accused - There was no intention or any knowledge on..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused fired at complainant by mistake - Injuries found on the body of complainant were simple in nature - Incident took place in the year 1993 and parties are related to each other - Taking into consideration that compromise has taken place between parties, ends of justice would be served if sentence of 5 years..........
Indian Penal Code, 1860, Section 307, 323, 34 -- Attempt to murder - FIR lodged after more than 2 months and 18 days of incident - Lame explanation given by complainant that accused threatened to kill him - However, complainant was gaining time to create evidence so as to implicate accused in this patently false case - Plea put forth by complainant in belated FIR and in..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement of - Scope of inquiry by Supreme Court is limited to two aspects: (i) percentage of enhancement; and (ii) whether it should be on simple or compound basis...........
