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Results of evidence

Showing : 471-480 of 22173 Results

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 118 -- Child witness - First step for the Judge or Magistrate to take is to satisfy himself that the child is the competent witness - For this purpose, preliminary inquiry should be held - It is duty of Court to ascertain in the best way, which it can, whether from the extent of his intellectual capacity and understanding the child witness is..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Solitary testimony of a child witness - Murder - Robbery - Child witness is 10 years old at the time of incident - He specifically and categorically stated as to how incident took place and manner in which A-1 opened gunshot on his father/deceased..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report discarded on this ground alone...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Evidence Act, 1872, Section 45 -- Expert opinion - Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature - It may not be safe to solely rely upon such evidence - Court may seek independent and reliable corroboration in the facts of a case - Generally, mere expert evidence as to a fact is not regarded as..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Deceased belongs to `Khangar' caste and in a wordy altercation, accused is said to have called deceased by his caste name `Khangar' and attacked him with an axe - However, no evidence to show that offence was committed only on the ground that..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once there is doubt or there are certain questions which need adjudication on appreciation of evidence, High Court should not exercise power u/s 482 Cr.P.C to quash complaint...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal of presumption - It is permissible for accused to rebut the same on the basis of evidence led by prosecution...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal of presumption - To rebut presumption on preponderance of probabilities, accused can point out contradictions/deficiencies in the evidence of prosecution - It is not necessary for accused to lead evidence in defence to rebut presumption...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of dead body - Murder case - Police already recovered dead body from the place where accused had thrown the same, therefore in absence of recovery, confession does not fall within exception of S.27 of Evidence Act...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 201, 382, 467, 468, 420, 210, 411, 120B, 34 -- Murder - Circumstantial evidence - Accused acquitted as following circumstances not proved against them: (i) absence of missing report of deceased; (ii) last seen evidence not proved; (iii) Police not conduced Test identification parade and even there was lot of delay in identification of..........

Showing : 471-480 of 22173 Results