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Results of evidence act

Showing : 511-520 of 11857 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise probable defence. The..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - There was no satisfactory explanation to question put in cross examination as to financial capacity of complainant - Evidence on record thus shows a probable defence on behalf of accused, which shifts burden on complainant to prove his..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - Evidence on record shows a probable defence on behalf of accused, which shifts burden on complainant to prove his financial capacity and other facts - Finding of Trial Court that complainant failed to prove his financial capacity of..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Evidence Act, 1872, Section 32 -- Dying declaration - 98% burn injuries - Fit state of mind to make statement - Endorsement made by doctor after recording the statement - Normally it should be the other way round...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Evidence Act, 1872, Section 32 -- Dying declaration - 98% burn injuries - A painkiller was injected - Statement recorded thereafter - Once a sedative had been injected, possibility of her being in state of delusion cannot be completely ruled out...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Evidence Act, 1872, Section 32 -- Dying declaration - An accused can be convicted only on the basis of dying declaration if it is truthful, voluntary and not a result of any extraneous influence...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3 -- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Offence u/s 489-C IPC - Appreciation of evidence - Alleged recovery was effected from busy place still no independent witness was joined by I.O. and no explanation has come forward on this point - Even, there is no complaint to I.O. that accused had gone to use said currency notes or they had made..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - If accused is identified in TIP it becomes substantive evidence...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Where there are no allegations that accused were in muffled faces and police does not immediately arrange TIP, because if accused is identified in TIP it becomes substantive evidence...........

Showing : 511-520 of 11857 Results