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Results of defence evidence

Showing : 61-70 of 922 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Issuance of cheque and that it pertains to his bank account admitted by accused in his statement u/s 313 Cr.P.C. - Bald plea in defence that cheque was given as security without documentary evidence - Unrebutted..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a) - - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - If a witness does not appear despite serve, Court must adopt coercive step to secure his presence rather than closing evidence...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Testimony of eye witnesses/interested witnesses - Murder case - Evidence of PW1 and PW4 is consistent, cogent, reliable and trustworthy - Their presence at the scene of incident is natural inasmuch as incident took place in front of their house and that too in the morning - Consistent version was given..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Partial statement of prosecution witness doubtful - Appreciation of evidence - Statement of eye-witness proved on record - Recovery of weapon and motor cycle proved - Even, statement of PWs 6 & 7 (doctors) clearly states that injury on head attributed is sufficient to cause death - Thus,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Death of driver of motorcycle - Compensation - Accident occurred in middle of road - However, exact location of accident as marked out in site plan, not explained muchless proved through a competent witness by accused to substantiate their defence - While existence of site plan may not be in doubt, it is difficult..........

DELHI HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251, 482 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C already framed against accused and she pleaded not guilty and claimed trial - Application filed by accused u/s 145(2) of N.I Act allowed - Authorized representative of complainant already..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 311, 391 -- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Search and seizure - Complainant and I.O same person - Accused have not taken the plea of being biased by investigation carried out by complainant - They were given ample opportunity to defend themselves and to adduce evidence in support of their case - Accused were not..........

Showing : 61-70 of 922 Results