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Supreme Court & High Courts Judgments
Notice under S.50 NDPS used the words “any Gazetted Officer” whereas the words “nearest Gazetted Officer” mandated in S.50--Not a fatal defect--Order granting bail set aside..
Supreme Court
She cannot be prosecuted under S.498A IPC being not a relative..
Knowledge of Pregnancy--Accused persons were not aware about the pregnancy of the complainant and as such they would not have brought poison in the food to cause miscarriage--Acquittal
SARFAESI Recovery Proceedings against Husband--Arrears of maintenance would have preferential rights over the assets of the husband..
Victim not informed about the bail proceedings initiated by the accused--Bail set aside..
No Medical Examination--Merely police witness was relied upon who had smelt the accused--Appellant discharged
Gap of over a month would be sufficient time to dissolve the means or the proximate link between the two acts--Appellants discharged..
Relief of possession can be granted by the executing court even if there was no express relief for the transfer of possession of the suit property has been granted in the decree..
Quashing--Cases under Section 304-A IPC, other than roadside accidents, can be quashed..
Punjab & Haryana High Court
Discrepancy in the Statement of Witness-- Even though Section 50 NDPS Act was not applicable, however, there is a discrepancy in the statements of witnesses as to who wrote the notice under ..
Magistrate on Leave--If the accused could not be declared a proclaimed offender on the date fixed for appearance, then it was incumbent upon the Magistrate concerned to issue fresh proclamat..
Property dispute between deceased and his wife--Deceased set ablaze himself due to demolition of property in which he was residing--Victim appears to be hypersensitive to the ordinary petula..
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