Showing : 741-750 of 19321 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Commissioner - Denied on ground that Commissioner cannot be used for collecting evidence, as certain things can only be taken on record only after same being led by parties - Moreover, no purpose will be served for appointing commissioner at appellate stage - Recording of such..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 242-- Evidence or documents not part of charge sheet - Criminal Court conducting trial is bound to receive all evidence produced by prosecution irrespective of fact whether said evidence or documents were part of charge sheet placed before Court or not...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 242(3)-- Production of documents - S.242(3) Cr.P.C confers power on Magistrate to take all such evidence as may be produced in support of prosecution - It is a stand alone provision - It is not controlled by S.173 Cr.P.C much less by S.173(8) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - Presumption - Death by burning - 90% burn injuries - Deceased died by setting herself on fire within 7 years of her marriage - Testimony of mother and brother of deceased reveal that there was demand of dowry and maltreatment with deceased from side of accused - It was amply..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504-- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to interfere in impugned orders - Remedy..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary party - Capability of person to adduce evidence by himself on disputed fact is not the test to decide whether he is necessary party or not...........
KERALA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 112-- DNA test - Conducted without affording opportunity of being heard to child through its guardian - Report of DNA test liable to be eschewed while considering whether declaratory decree sought by father can be granted - Question of reversal of report does not arise...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - - Readiness and willingness - Appellant is tenant of suit property and agreed to purchase it as per agreement - However, respondent landlord denied the same - No evidence was produced by tenant to show his readiness and willingness to perform the contract - On the contrary,..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 34, 304-- Nature of offence - Murder case - As per evidence on record, act of stabbing was preceded by discussion to sort out some dispute between deceased and accused `R'- Only single stab wound was inflicted which shows that there was no premeditated attack - Hence, where act took place upon sudden..........

Showing : 741-750 of 19321 Results