Seizing Material Evidence for a Year Without Explanation: Why It Can Be Fatal in Court

2021 Supreme(Online)(MAD) 25434

When the evidence of the victim suffers from doubt, undoubtedly that evidence should have been corroborated by other independent witnesses in material particulars. ... The contradictions are material contractions and there was an improvement in every stage and the same is fatal to the case of the prosecution. ... On the side of the defence one witness was examined as D.W.1 and also marke....

2023 0 Supreme(AP) 1197

Accused examined himself as D.W.1 and, during the chief-examination, he stated that after the death of his son-in-law in the year, 2003, his daughter and the deceased were living together in one room. ... One Sri G. ... A perusal of the material available on record demonstrates that the entire case of the prosecution rests on the oral evidence of P.Ws.1, 2, 4, 8 and 12 and the documentary eviden....

Madras

On the side of the defence one witness was examined as D.W.1 and also marked one document as Ex.D1 and no material object was marked. 5. ... The contradictions are material contractions and there was an improvement in every stage and the same is fatal to the case of the prosecution. ... Admittedly, their statements were recorded in the year 2014 and the same reached after ....

2024 0 Supreme(Raj) 295

In this view of the matter, the FSL report(Exhibit P11) is nothing but a waste paper and cannot be read in evidence.” 12. ... The continuation of the trial whereafter would be a futile exercise at one hand and on the other hand the same would amounts to an abuse of process of law. ... to the trial Court to record the statement of Seizing Officer on priority basis so that the arguments raised on behalf of the defence regarding legality and ....

2024 0 Supreme(Raj) 814

year RI for the offence under Section 465 of the IPC along with fine of Rs.1,000/- and in default to further undergo one moth’s SI. ... In this view of the matter, the FSL report(Exhibit P11) is nothing but a waste paper and cannot be read in evidence.” 12. ... Heard learned counsel for the parties and perused the material available on record as also the impugned judgment. 6. ... Application to Magistrate. – After the seiz....

2022 Supreme(Online)(KER) 44073

The accused was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for a period of three months. Aggrieved by the conviction and sentence, the accused filed this appeal. ... MO1 is the material object. After going through the evidence and the documents, the trial court found that the accused committed the offence under Section 8(1) and (2) ....

2023 Supreme(Online)(KER) 20525

It is seen that the final report was submitted only on 05/10/2000 ie., after a period of one year and nine months. The investigation was completed on receipt of the chemical examiner's report. ... Since there was unexplained delay in this case in completing the investigation and filing the final report, the same is also no doubt fatal to the prosecution as held in Krishnan (supra).” ... The learned Counsel for the revision....

The learned District Judge has acquitted the plaintiff of anything worse than sharp practice, and I accept his finding, though he has overlooked the evidence that one of the shareholders, Muttu Menika, is dead. ... Nona. 1 When the learned District Judge refused to frame an issue on the point whether the seizing officer had the authority to seize, the appellant should have appealed at once if he thought that the point raised was #HL_START....

2024 0 Supreme(Raj) 876

In this view of the matter, the FSL report(Exhibit P11) is nothing but a waste paper and cannot be read in evidence.” 12. ... Heard learned counsel for the parties and perused the material available on record as also the impugned judgment. 6. ... Application to Magistrate. – After the seized material under the Act is forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53 of the Act or ....

2025 Supreme(Online)(Kar) 21855

Under these circumstances, I am of the view that the huge, enormous, long, inordinate and unexplained delay and latches on the part of the 2nd respondent-complainant and/or his father in filing the impugned complaint and FIR after a lapse of more than 16 years would clearly be fatal ... The material on record will indicate that the 2nd respondent – de facto complainant filed the impugned complaint dated 06.07.2024 registered as an FIR in Cr....

2019 0 Supreme(Del) 1648

North British Rubber Co., Ltd. v. Gormully and Jeffery Manufacturing Co., 1894 12 RPC 17, Army and Navy Cooperative Society, Ltd. v. Army Navy and Civil Service Cooperative Society of South Africa Ltd., 1902 19 RPC 574, Hayward Bros. Ltd. v. Peakall,1909 26 RPC 89, Yost Typewriter Co. Ltd. v. Typewriter Exchange Co.,1902 19 RPC 422], Royal Warrant Holders Assn. v. Slade & Co., Ltd.,1908 25 RPC 245" Improper and unexplained delay is fatal to an application for interlocutory injunction....

2017 0 Supreme(Del) 861

...It is necessary that an application for interlocutory injunction should be made immediately after the plaintiff becomes aware of the infringement of the mark. Improper and unexplained delay is fatal to an application for interlocutory injunction. North British Rubber Company, Ltd. v. Gormully and Jeffery Manufacturing Company (1894) 12 R.P.C. 17, Army and Navy Co-operative Society, Ltd. v. Army Navy and Civil Service Co-operative Society of South Africa Ltd. (1902) 19 R.P.....

2015 0 Supreme(Mad) 2096

Improper and unexplained delay is fatal to an application for interlocutory injunction. North British Rubber Co., Ltd. Vs. Gormully and Jeffery Manufacturing Co. (1894 (12) RPC 17), Army and Navy Cooperative Society, Ltd. The interim injunction will not be granted if the plaintiff has delayed interfering until the defendant has built up a large trade in which he has notoriously used the mark. It is necessary that an application for interlocutory injunction should be made imme....

2011 0 Supreme(Bom) 406

Improper and unexplained delay is fatal to an application for interlocutory injunction. The interim injunction will not be granted if the plaintiff has delayed interfering until the defendant has built up a large trade in which he has notoriously used the mark.” It is necessary that an application for interlocutory injunction should be made immediately after the plaintiff becomes aware of the infringement of the mark.

2008 0 Supreme(Ker) 407

If the same is accepted as an invariable rule, many an accused will extricate themselves from fault, if they can influence the investigating officer and manipulate these matters. To get corroboration for a chemical analysis report, which came into existence on 10.7.2000, it is not probable that the police will create false evidence between 6.2000 and 8.6.2000, by procuring sodium cyanide from the market. The delay or defect in seizing or forwarding the material objects need not be fa....