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Results of evidence act

Showing : 3941-3950 of 11857 Results

DELHI HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Husband nowhere stated in his evidence as to when wife deserted him - Merely because wife stayed away to complete her studies cannot be said that she had deserted husband - Rather, evidence shows that husband had no accommodation and he is staying with his relatives and even not applied for any..........

GAUHATI HIGH COURT

Year of decision: 2014
Details

Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Due execution - Proof of - Plaintiff alleges that at the time of execution of gift deed, donor did not have mental balance and he put his signature on the gift deed at the persuasion of defendant No.1 - However, plaintiff made only vague statement - No evidence on record to prove..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 23, Rule 1, East Punjab urban Rent Restriction Act, 1948, Section 13(3)(a)(i), Order 23, Rule 1 - - Eviction petition - Withdrawal at appellate stage - Eviction petition on ground of personal necessity - Non pleading of mandatory requirement that landlord is not occupying residential building in the area concerned and that he has not..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Murder - Cruelty - Two dying declarations - Deceased stated before doctor that her mother-i, law and brother-i, law poured kerosene oil on her body and set her on fire while her husband was not there - Second dying declaration was recorded by..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal case - Absence of pleading - Criminal complaint filed by wife after filing of divorce petition by husband - It is a subsequent event which can be looked into by Court - Moreover, parties were fully aware of this facet of cruelty which was allegedly suffered by husband - Plea of..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - "Soon before her death" - There must be material to show that "soon before her death" the woman was subjected to cruelty or harassment "for or in connection with dowry" - Facts must show the existence of a proximate live link between effect of cruelty based on dowry..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Demand of gold karra after two months of marriage by appellant/sister-i, law and other i, laws - No other evidence to show that deceased was subjected to cruelty in connection with demand of dowry by appellant - An isolated instance of demand of dowry about four months..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1)(i)(ia) -- Divorce - Cruelty and adultery - Evidence on record shows that husband had leveled false allegations of unchastity against wife - It is not the wife whose behavior had been cruel towards husband rather it is husband who by leveling allegations against her character has been admittedly cruel towards her - By filing divorce..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Evidence Act, 1872, Section 9 -- Test identification parade - Purpose - TIP is held for the purpose of testing veracity of witness in regard to his capability of identifying persons who were unknown to him - Such TIP is required to be held as early as possible to exclude possibility of accused being identified either at police station or at some other place...........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Evidence Act, 1872, Section 9 -- Test identification parade - Object - Main object of holding an identification parade during investigation stage is to test memory of witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them can be cited as eye witnesses of occurrence...........

Showing : 3941-3950 of 11857 Results