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Results of evidence act

Showing : 3921-3930 of 11857 Results

UTTARAKHAND HIGH COURT

Year of decision: 2014
Details

Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Tenant pleaded that building in question was given on lease for manufacturing purposes and he was carrying the business of garment manufacturing, thus tenancy was terminable with a six months prior notice - Plea rejected as neither in the pleading nor in the evidence produced by tenant before Court below,..........

DELHI HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Concealment of mental disorder of wife - Plea of husband neither controverted in written statement nor deposition of husband to this fact assailed in cross examination - Unchallenged averments and evidence on record brings the case of husband within ambit of S.12(1)(c) of the Act - Marriage rightly..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert in respect of certain documents - Accused already paid entire cheque amount and therefore cheque cannot be said to be issued for discharge of any legally enforceable debt or other liability - Complainant had acknowledged receipt of said..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - S.113-A of Act came into existence by way of amendment since 26.12.1983 but as it is a matter of procedure and evidence so, it has retrospective operation - Presumption under the said section is thus available to cases where incident took place prior to 26.12.1983...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased a pregnant woman, committed suicide within four months of her marriage in her matrimonial home - Testimonies of PWs regarding persistent demand of dowry from deceased during a very short span of her matrimonial life and cruel behavior of accused with deceased instigated her to self immolate and end her..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 364A, 201, 120B, Evidence Act, 1872, Section 106, 27 -- Murder - Kidnapping for ransom - Disclosure statement - Burden of proof - Accused committed murder of two persons i.e father & son after kidnapping them for ransom as demand of ransom was not met - Recovery of dead bodies from covered gutters and personal belongings of deceased..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Evidence Act, 1872, Section 106 -- Burden of proof - No doubt burden of proof is on prosecution and S.106 of Act is not meant to relieve it of that duty but said provision is attracted when it is impossible or it is proportionately difficult for prosecution to establish facts which are strictly within the knowledge of accused...........

GUJARAT HIGH COURT

Year of decision: 2014
Details

Prevention of Corruption Act, 1988, Section 13 -- Illegal gratification - Complainant did not know accused before incident - Accused had never talked with complainant for demanding money - No evidence that accused accepted or obtained or agreed to accept or obtain from complainant, amount as illegal gratification - Conviction and sentence set aside...........

CALCUTTA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Evidence Act, 1872, Section 45 -- Disputed signatures - Opinion of handwriting expert - Mere belatedness in filing the application not a ground for rejecting the request of petitioner...........

Showing : 3921-3930 of 11857 Results