Evidence Act, 1872, Section 32 -- Dying declaration - Doctors certificate of fitness - Obtained at the end of recording statement and not at the time when recording of statement commenced - Dying declaration not in question answer form - Order of conviction by High Court without removing the doubts with regard to the correctness, legality and propriety of dying declaration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 67 -- Recovery of 21 kg of heroin from A3 - Conviction of A1 and A2 based on the statement of appellants recorded u/s 67 of the Act - Officer who recorded those statements not examined - Held, recording of statements u/s 67 of the Act is not an empty formality - Officer who recorded the statement alone could..........
Indian Penal Code, 1860, Section 409, 420 -- Criminal breach of trust - Cheating - Property of partnership firm - Petitioner, a partner of the firm entrusted or given dominion over property that belongs to partnership firm - Held, since he is partner of the firm, he necessarily would be a part owner of property entrusted to him or over which he has been given dominion - He..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. is not substantive evidence and can be utilized only to corroborate or contradict the witness vis-a-vis statement made in Court - It can be only utilized as a previous statement and nothing more...........
Agreement to sell -- Specific performance - Stipulation in agreement regarding payment of damages or double the amount of earnest money in the event of default committed by the vendor in performing his part of the contract - Held, this stipulation will not disentitle vendee to seek relief of Specific Performance of agreement, when defendant did not raise plea of hardship..........
Indian Penal Code, 1860, Section 489A, 489B, 489C, 489D -- Recovery of counterfeit currency notes and printing apparatus and material from accused in pursuance to disclosure statement - Prosecution case resting on the testimony of police officials alone - Held, the testimony of official witnesses cannot be discarded only on the ground that they are police officials - Their..........
Indian Penal Code, 1860, Section 489A, 489B, 489C, 489D -- Recovery of counterfeit currency notes and printing apparatus and material from accused in pursuance to disclosure statement - Currency notes were not in casual possession of the accused having obtained in routine manner from any other person during the course of commercial transaction - Accused failed to explain..........
Indian Penal Code, 1860, Section 498A, 306 -- Dowry death - Subjecting woman to cruelty and abetting her suicide in matrimonial home - Absence of complaint against accused by parents of deceased - No evidence of neighbours who participated in inquest proceedings - Police filed case as case of unnatural death and after seven days converted case as one u/ss 498-A, 306 IPC -..........
Motor Vehicles Act, 1988, Section 173, 149, 166 -- Accident - Compensation - Valid driving licence - Driver having a valid driving licence to drive motor car - Statement of driver that he does not know how to drive a jeep or car - Tribunal rightly held that this statement seems to be made at the instance of the Insurance Company otherwise there was hardly any reason for..........
Indian Penal Code, 1860, Section 489A, 489C -- Accused sitting in a bus and beneath the seat a plastic bag containing fake currency notes recovered and seized - During trial it was not proved as to exactly from which place of the bus the seized material was found - No evidence to show that the plastic bag was carried by accused and it was kept by him at a particular place..........
