Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 13(2) -- Second analysis - Shelf life expired by the time report of Public Analyst was served on accused - Accused lost his valuable defence of obtaining second opinion from Central Food Laboratory to prove that report of public analyst is not correct - Accused is entitled for out right acquittal...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused charge sheeted for offence of having murdered his wife - Brothers of deceased testified that there was matrimonial discord between the accused and his wife and that accused used to maltreat the deceased - Accused found absconding and was arrested on the next day - Probable time of crime was midnight when husband is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Court has to grant time to plaintiff to make up the deficiency in Court fee - If plaintiff fails to do so within the requisite period, plaint is to be rejected...........
Punjab Panchayati Raj Act, 1994, Section 208(1)(k), Punjab State Election Commission Act, 1994, Section 11 -- Election of member Panchayat - Candidate in unauthorized occupation of Panchayat land - Not a disqualification, under Section 11 of Punjab State Election Commission Act, later in time compared to Panchayati Raj Act - Section 11 overrides Section 208(1)(k) where..........
Indian Penal Code, 1860, Section 376, 34, Criminal Procedure Code, 1973, Section 157 -- Rape - Prosecution witnesses belonged to same family - Enmity was going on between the prosecution witnesses and the accused - The only independent witness examined declined to support the prosecution story - FIR recorded after 24 hours thus giving ample time to the police to create..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Extraordinary delay in sending the FIR is a circumstances which provides a legitimate basis for suspecting that the FIR was recorded much later than the stated date and hour affording sufficient time to the prosecution to introduce improvements and embellishments and set up a distorted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting and signature comparison - Magistrate after scrutiny of cheque in question came to the conclusion that there is much resemblance of signature of accused that contained in cheque as well as admitted signatures of accused - Magistrate has specifically observed that if petitioner succeeds to..........
Will -- Execution - Proof - One attesting witness examined and he only admitted his signatures on the Will - In cross examination he admitted that he never visited the place where Will was executed - Scribe did not produce any scribe register to prove the presence of the witnesses or the executant at the time of registration of the Will - Plaintiff failed to prove due..........
Service -- Ahlmad of Court though not on duty at the relevant time but was found drinking alcohol with Chowkidar at the Court premises - One of the persons who was on duty at that time alongwith him though found guilty in the inquiry but was ordered to be reinstated by Supreme Court - Action of appellate deprecated - Having regard to the fact that he is to maintain his..........
Indian Penal Code, 1860, Section 304A, 337 -- Medical Negligence - Death of woman due to rupture of uterus during delivery - Use of Pitocin injection by accused doctor was not unwarranted - Doctor attending the women himself took her to Govt. hospital for emergency treatment by making all necessary arrangements without wasting time - Woman expired during treatment though..........
