Case Note : Ocular, medical, electronic, and circumstantial evidence including last- seen testimony, recovery of weapons, and unexplained injuries on the accused clearly established the guilt of the appellant beyond reasonable doubt. Minor contradictions in the testimony of witnesses or the hostility of some witnesses would not weaken the prosecution case and would not constitute a ground for acquittal.

Case Note : Where a dispute relating to title of properly is pending before the competent Civil Court and the statutory authorities have recorded a concurrent finding on factual aspect, the writ Court should not disturb such finding in its jurisdiction.

Case Note : Section 50 of the NDPS Act applies only to the personal search of a person and not to the search of a vehicle, bag, container or premises; therefore, plea of non-compliance with Section 50 would be untenable. Likewise, mere delay in forwarding samples to the Forensic Science Laboratory or their routing through another authority, even with reference to the procedure contemplated under Section 52A of the NDPS Act read with Rule 13 of the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022, does not by itself vitiate the prosecution case when safe custody of the seized contraband and link evidence are duly established, and thus it cannot be a ground for acquittal.

Case Note : Where the allegation of demand rests solely on the uncorroborated testimony of the complainant and the independent witnesses fail to support the prosecution case on the material aspect of demand and acceptance, the foundational facts necessary for raising the statutory presumption remain unproved. In such circumstances, particularly where surrounding facts indicate prior animosity or departmental disputes giving rise to a possible motive, the possibility of false implication cannot be ruled out, and the accused is entitled to the benefit of doubt.

Case Note : A clause in an agreement cannot be treated as an arbitration agreement merely because it employs the expression “arbitration”. The Court must examine its true nature and intent, and where such clause, in substance, provides only for conciliation or amicable settlement followed by recourse to civil courts, the Court may refuse to appoint an Arbitrator.

Case Note : Extension of time for investigation under Section 43-D(2)(b) of the Unlawful Activities (Prevention) Act, 1967, if granted prior to expiry of the initial 90-day period upon consideration of the progress report and with the accused represented through counsel, constitutes a valid enlargement of statutory time. In such circumstances, no indefeasible right to default bail accrues under Section 167(2) CrPC / Section 187(2) BNSS on completion of ninety days, and rejection of the default bail application is legally sustainable

Case Note : HEAD NOTE If an Employee exercised any option under paragraph 11(3) of the pre-amended Employees’ Pension Scheme, 1995 prior to retirement, he is eligible for higher pension as there is no cut-off date under the original Scheme to opt for higher pension.

Case Note : Appointment to the post of Kotwar under Section 230 of the Chhattisgarh Land Revenue Code, 1959 is governed strictly by the statutory Rules. Preference to a near relative of an ex-Kotwar under Rule 4(2) is discretionary and does not create a vested right. In absence of perversity or illegality in concurrent findings of the revenue authorities, interference under Article 226 is not warranted.

Case Note : A victim of rape or sexual assault is not an accomplice, and her evidence does not require corroboration as a matter of law. Corroboration is only a matter of prudence, not a condition for conviction. If the victim’s testimony is credible, natural, consistent, and trustworthy, and free from material infirmities, the Court may act upon it even without independent corroboration.

Case Note : Once the First Appellate Court formed an opinion to remand the case to the trial Court by assigning cogent reasons, there was no need to record findings on several issues on merits