Showing : 721-730 of 19321 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Recovery of 3.990 kg heroin - Confessional statement of co-accused - Cannot by itself be taken as a substantive piece of evidence against co-accused and can at best be used or utilized in order to lend assurance to Court - Moreover, in absence of any substantive evidence it would be inappropriate..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 391-- Dishonour of cheque - Additional evidence at belated stage - Additional evidence at belated stage is permissible but such power is to be exercised sparingly and only in exceptional cases in the interest of justice...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Discretion to allow or to reject additional evidence could be judicially exercised only at the stage of finally considering the appeal - It is not to be considered prior to appreciation of evidence on record...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Police submitted negative final report against petitioner and matter was kept pending u/s 173(8) Cr.P.C against petitioner no.2 - No overt act was assigned to petitioners in the statements of witnesses - More so, all injured witnesses not examined so far - Since..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Compensation - Determination of income of deceased - No evidence regarding income of deceased produced by claimants - Tribunal decided notional income of deceased as Rs.3000 p.m - High Court committed error by over turning findings of Tribunal by determining notional income of deceased..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is made out - Moreover, in view of nature of evidence, period of detention already..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Expert opinion - Appointment of expert - Infringement of copyright - Comparison of registered object code and source code of software of plaintiff with defendants software - Names of three reputed institutions were suggested by defendants - These institutions are of great repute and merely because..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Expert opinion - Infringement of copyright - Scope of comparison - Comparison of registered object code and source code of software of plaintiff with defendants software - Matter went on the aspect of registered copy right and rights emanating thereunder - Trial Court therefore, justified in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Will-- Suspicious circumstances - As per one of the attesting witness Will was executed in presence of wife of executant - However, as per evidence on record, wife of executant died one year ago from date of execution of Will - Hence, testimony of attesting witness being self-contradictory cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 193, 302, Evidence Act, 1872, Section 154-- Murder - Perjury - First informant turned hostile - Fact that `K' an eye-witness, at whose instance, names of assailants and knowledge of incident was received, deliberately gave false evidence before Court and has turned hostile - Order passed to bring him on trial - Directions issued...........

Showing : 721-730 of 19321 Results