NDPS ACT

_*• NDPS ACT Section 20 Ambit of Possession has to be conscious possession The initial burden of proof of possession lies on the prosecution Once the same has been discharged, the burden would shift on the accused Once possession is established by the prosecution, the Court can presume that the accused had the necessary culpable mental state and has committed the offence. (Para 15)*_

_*Irwin Bin Hassim v/s Anil Kumar CrL-A 997/11 09/10/17 [ SANGITA JJ ]*_

_*[ DELHI HIGH COURT ]*_
*________________________

Comments

Post a Comment

Popular posts from this blog

Order 9 Rule 13 and Order 5 r/w Section 115 CPC

Image
_*:- Order 9 Rule 13 and Order 5 r/w Section 115 CPC   Setting aside ex-parte decree Plea of non-service of summons  Same found not supported by materials on the record Resultantly, impugned order declining prayer for setting aside ex-parte decree, held to be justified and declined to be interfered with in revision. [Paras 5 and 6]*_ Legallites Law Firm _*The Death Of Krishna Biswas, His Legal Heirs v/s  Keshab Chandra Dey CWP 530/12 [ Prasanta JJ ]*_ _*[ GAUHATI HIGH COURT ]*_ *______________________ Legallites Law Firm 8851250058 
Read more

Section 313 CRPC

Image
_*• Section 313 CRPC  Power to examine the accused Confession was not challenged during stage of framing of charge or over the course of examination of forty seven prosecution witnesses, but instead only partly disputed through a letter written in secret just before petitioner's examination under Section 313 of the Code. It is thus evident that such retraction at the fag-end of the trial, was not natural but rather meticulously formulated, perhaps as a part of defence strategy*_ Advocates _*Manoharan vs State RPCRL 446/19 07/11/19 [ SANJIV KHANNA JJ ]*_ _*[ SUPREME COURT ]*_ Advocate & solicitar 8851250058
Read more

Hindu Marriage Act Section 13B

Image
_- Hindu Marriage Act  Section 13B Divorce by mutual consent Maintenance Applicant for maintenance Applicant wife filed application for maintenance against husband After decree of mutual divorce obtained by husband In application endeavor was made by Applicant to demonstrate that said decree of divorce was obtained by fraud by giving assurance that marital bond would continue despite decree of divorce and it would remain paper decree There was inaction on part of Applicant for almost 9 years to agitate said grievance of decree Family Judge rightly came to conclusion that said claim of Applicant did not merit acceptance No material on record to indicate at any point of time till filing of Petition for award of maintenance Applicant had ever raised any grievance about decree of divorce having been obtained by fraud.[Para 11]*_ Legallites Law Firm _*Sanjay Damodar Kale v/s Ms.Kalyani Sanjay CRA 164/19 [ Jamadar JJ ]*_ _*[ SUPREME COURT ]*_ *__________________ Legallites ...
Read more