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Results of appeal evidence

Showing : 681-690 of 1729 Results

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 23-A, Civil Procedure Code, 1908, Section , Order 43, Rule 1(u) -- Trial Court decree reversed by Appellate Court - Case remanded to trial Court for decision afresh after giving parties an opportunity to lead evidence - Such order is passed by Appellate Court in exercise of its power U.O.41.R.23-A CPC - Held, order of remand..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - It is neither stated in complaint nor in evidence of complainant/appellant that when accused/respondent received amount and whether it was paid by cash or by cheque or demand draft - Even though a large sum of Rs.4 lakhs is advanced, it is not accounted in income tax returns..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 302 -- Murder - Proof - Recovery of knife having blood stains matching with the blood group of deceased - PW1 in quite definite terms stated that he saw accused giving indiscriminately stab wounds to deceased - PW2 though is not an eye witness, stated that when he reached at the spot he saw deceased lying down with serious incised injuries..........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - Procedure to be followed - Held, S.96 of the Code provides the right of an appeal - O.41.R.31 of the Code provides guidelines for appellate Court as to how it has to proceed and decide the appeal - The first appellate Court should independently assess the relevant evidence on all important aspects..........

PATNA HIGH COURT

Year of decision: 2012
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,50,57 -- Recovery of Smack - Conviction - Appeal - Nothing to show that seized Narcotic was kept in sealed cover and paper packet and polythene packets sent to Registrar were under seal cover for purposes of forwarding same to FSL - No record to show that seal was also deposited in Malkhana - Special..........

SIKKIM HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Application to adduce - Evidence/material was in existence but could not be produced during trial - Reasons explained in application not absolutely satisfactory - However, evidence being material or at least relevant for the purpose of present appeal - Held, such additional evidence should be allowed -..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Interference with - Concurrent findings of fact given by both Courts below that respondent-original plaintiff has easementary right of way of 13.6 feet between the house of appellant-original defendant and the house of respondent-original plaintiff - Finding given by both Courts below..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 100, Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Second appeal - Unregistered Will - One of attesting witnesses to Will duly examined - He stated clearly that testator got Will typed and then thumb marked same upon admitting contents of such Will to be correct in his presence and thereafter he appended his..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 302,34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal - PW1, was on motorcycle, nearly 30 yards away from place where victim fell on ground - He saw accused persons chasing victim from about distance of 75 feet - It is not understandable why he could not increase speed of his motor cycle so as to cover distance of 30..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 378,386 -- Appeal against acquittal - Power of Appellate Court - Appellate Court has every power to re-appreciate, review and reconsider evidence before it, as a whole...........

Showing : 681-690 of 1729 Results