LawforAll

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Thursday, March 10, 2022

NDPS Act - when The Report of the FSL Ex.PX did not show anywhere that the resin was of cannabis plant in order to bring it within the definition of “Charas”. and when The Police did not give any option to the appellants to be searched before a Magistrate of a competent Gazetted Officer. - Trial court acquitted the case

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NDPS Act -  when The Report of the FSL Ex.PX did not show anywhere that the resin was of cannabis plant in order to bring it within the defi...

Sec.302 read with Sec.34 of IPC - whether entitled for benefit of doubt - No - once it has been established and proved by the prosecution that all the accused came at the place of incident with a common intention to kill the deceased and as such, they shared the common intention, in that case it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or anyof them caused any injury on the deceased or not.

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  Sec.302 read with Sec.34 of IPC - whether entitled for benefit of doubt - No - once it has been established and proved by the prosecution ...
Monday, March 7, 2022

Merely because the witnesses were the relatives of the deceased, their evidence cannot be discarded solely on the aforesaid ground. Therefore, in the facts and circumstances of the case, the High Court has materially erred in discarding the deposition/evidence of PW1, PW3, PW5 & PW6 and even PW7.

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 Merely because the witnesses were the relatives of the deceased, their evidence cannot be discarded solely on the aforesaid ground. Therefo...
Thursday, March 3, 2022

Since the appellant was in pari delicto with DoT and the then officials of the Union government and Since The appellant was the beneficiary of the ―First Come First Serve‖ policy which was intended to favour a group of private bidding entities at the cost of the public exchequer , is not entitled for refund of alleged entry fee when the policy was quashed by Apex Court

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Since   the appellant was in pari delicto with DoT and the then officials of the Union government and Since The appellant was the beneficiar...