Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Dispute regarding supply of water - All PWs are interested witnesses being members of same family living in front of family of accused having their civil dispute pending for a long time - FIR was registered at the instance of accused against complainant party and that is why complainant party tried to..........
Indian Penal Code, 1860, Section 379, 427, 447, 504, 506, 149 -- Offence u/ss 379, 427, 447, 504, 506, 149 IPC - Property dispute between parties and civil suit pending in regard to said dispute - No cogent evidence on record to indicate possession of complainant over land - Entire case of unlawful cutting of crop thus, rendered doubtful - No independent witness was even..........
Andhra Pradesh Reorganisation Act, 2014, Section 40(3) - - Transfer of pending cases - Chief Justice not required to exercise its powers on case-to-case basis - Chief Justice can exercise its powers in en bloc also, if he so chooses, and transfer all such cases covered by S.40(3) of the Act with one stroke of the pen...........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Reduction of sentence - Incident is of the year 1985 and case is pending for last 34 years - Bribe amount was Rs.1200 and accused is on bail for the last 34 years - Accused suffered immense trauma, mental agony and anguish despite suffering from heart ailment -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Bail - Offence u/ss 15, 61 NDPS Act - Recovery of 35 kgs of poppy husk - Petitioner undergone 5 months and 12 days of custody - As per custody certificate there was another case u/s 15 NDPS Act which was pending against him with regard to 10 kg of poppy husk..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135 -- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not..........
Evidence Act, 1872, Section 76 -- Certified copies of documents placed on record by police - Petitioners have right to get certified copy of a pending case and also have right to get certified copy thereof in view of S.76 of the Act - Even in view of Art.14 of Constitution, accused should be granted a copy of documents purported to be against him at earliest possible stage..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 50, Criminal Procedure Code, 1973, Section 389 - - Appellant 75 years of age and is 100% visually impaired - Appeal already admitted - No likelihood of appeal being taken up for final disposal shortly - Without commenting on merits of the case and keeping in view the totality of facts and..........
Foreign Contribution (Regulation) Act, 1976 -- Applicability of the Act - Matter is sub judice and pending in similar case - Issue with regard to applicability of provisions of FCRA Act can be decided more properly only after evidence is adduced by prosecution - At the initial stage of proceedings, it does not appear appropriate or possible to probe this issue and decide..........
