Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration u/s 53-A of T.P Act and permanent injunction - Whether plaintiffs shall be entitled to any relief u/s 53-A of TPA or not has to be considered at the time of trial - But at this stage it cannot be said that suit for relief sought u/s 53-A of T.P. Act would not be maintainable at all..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1 quintal 3 kg 290 grms Ganja - Bail - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused, reasonable..........
Criminal trial -- Quantum of sentence - In determining quantum of sentence, Court must bear in mind the circumstances pertaining to offence and all other relevant circumstances including age of offender...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Refusal to entertain plaint by rejecting the same on any of grounds U.O.7.R.11 CPC, is not an order disposing suit on preliminary point - Therefore, in setting aside said order and directing trial of suit on merits, appellate Court does not exercise power U.O.41.R.23 CPC...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Discretion is conferred by S.311 Cr.P.C on all Courts to exercise the power to summon any person as a witness, or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under Cr.P.C...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - No contradictions between ocular and medical evidence - Presence of all accused established and proved - Prosecution successful in proving that all accused shared common intention - Trial Court rightly convicted all the accused and High Court committed error by reversing conviction and acquitting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Personal search - No contraband recovered on personal search - Option or choice not given to accused before personal search - Trial Court rightly acquitted accused...........
Criminal Procedure Code, 1973, Section 379 -- Appeal against acquittal - Law as to: (i) while dealing with appeal against acquittal, reasons which had weighed with trial Court in acquitting accused must be dealt with, in case appellate Court is of the view that acquittal rendered by trial Court deserves to be upturned: (ii) with an order of acquittal by trial Court, normal..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Accused Nos.1 to 3 were identified by eye witnesses and injured eye witnesses - There are no major/material contradictions in the deposition of eye witnesses and injured eye witnesses - Merely because witnesses were relatives of deceased, their evidence cannot be discarded solely on that..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 147, 148, 149 -- Murder - Overt acts of accused Nos.4 to 11 are different than that of accused Nos.1 to 3 - Case of accused Nos.4 to 11 is not comparable with case of accused Nos.1 to 3 - Moreover, findings recorded in respect of acquittal of accused Nos.4 to 11 are on appreciation of evidence on record and view..........
