Showing : 41-50 of 74 Results

DELHI HIGH COURT
Year of decision: 2010
Details
Electricity Act, 2003, Section 135-- Theft of electricity - Conviction - Plea of non examination of independent witnesses - Once complainant discharges its onus of proving abstraction of electricity then onus shifts on accused to prove that he was having authorized meter or authorized electric connection and that he was not indulging..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 2 Kg. of opium - Independent witness joined but not examined as being won over - Official witnesses are as good as private witnesses and their testimony cannot be thrown away merely on the ground of their official status - They cannot be dubbed as interested witnesses without any..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 324, 148, 149-- Accused persons 15-16 in number after forming unlawful assembly caused hurt to manager of farm due to enmity with owner of farm - Statement of informant owner and injured consistent and compatible and supported by medical evidence - No evidence produced in defence - Conviction of accused persons..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54, Criminal Procedure Code, 1973, Section 100-- Opium - Recovery of 111 Kg. from dickey of car in which two accused were travelling - Independent witness not joined at the time of effecting alleged recovery - Held, merely non joining of independent witness will not render the statements of prosecution witnesses unreliable - If the evidence on..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 24-- Extra judicial confession - Reliability - Accused allegedly made confession before witness - Evidence showing that there was enmity between said witness and accused because of land dispute - Both accused and witness were inimical towards each other as they belong to two rival political parties -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Eye witness-- Evidence of an eye witness cannot be rejected only on the ground that enmity exists between the parties...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 376, 34, Criminal Procedure Code, 1973, Section 157-- Rape - Prosecution witnesses belonged to same family - Enmity was going on between the prosecution witnesses and the accused - The only independent witness examined declined to support the prosecution story - FIR recorded after 24 hours thus giving ample time to the police to create case - Copy of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Relative witness-- Merely because a witness is close relative of the deceased he does not become an interested witness - Interested witness is one who is interested in securing conviction of a person out of vengeance or enmity or due to disputes relating to the properties...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 30 Kg. - Independent witness joined by police appeared as defence witness and stated that no recovery was effected from the accused - SI and HC examined as PW's having no enmity with the accused - Their testimonies inspire confidence and same free from blemish of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Withdrawal from testimony - Long history of enmity between the families of complainant and accused - At least seven persons from both sides murdered - Parties entering into compromise with intervention of 40 village Panchayats - Application to recall witness allowed for..........

Showing : 41-50 of 74 Results