Narcotics—Case Property—Safe custody and carriage of recovered contraband not proved—Acquittal upheld

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Arms—Recovery of country made pistol loaded with live cartridges without license—Accused is liable to be convicted under S.2S(B)(a) and not S. 25(1 AA) of the Arms Act

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Reduction in Sentence- -Accused set fire to the house of complainant who received burn injuries in the incident—Cattle of complainant died due to burn injuries—Keeping in view that incident is of the year 2000 and complainant has paid Rs. 9 lakhs as compensation to complainant sentence of 7 years reduced to 5 years.

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Probate-- If a person who has even a slight interest in the estate of the testator is entitled to file caveat and contest the grant of probate of the will of the testator.

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Appointment--Appointment of a Govt. servant is prerogative of particular Govt., particularly, when it is a sensitive appointment of DGP--Doctrine of judicial review would not extend to upset such appointment

 

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Second Appeal--Although High Court has jurisdiction to formulate a substantial question of law at a subsequent stage but it should not be done without assigning any reason and without giving a reasonable opportunity of hearing to the respondents.

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Criminal Procedure Code, 1973, S.451—Release of Property—Court is not merely required to determine the source from which the property was seized— A claim of title to the goods which have been seized is a relevant consideration while passing an order under Section 452

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Indian Penal Code, 1860, S.376—Rape—Consensual Sex—Live-in Relation— Quashing—Held; (i) If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. (ii) The acknowledged consensual physical relationship between the parties would not constitute an offence under Section 376 of the IPC.

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Election—Two Third majority—If figure of majority comes to fraction, then fraction has to be treated as one and can never be rounded off to lower number because votes cannot be treated as fraction.

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Maintenance—Woman who is not legally wedded wife can claim maintenance under Domestic Violence Act if not entitled to maintenance under S. 125 Cr, P. C

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