Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Extra martial affair - Complaint itself is not a proof of extra marital relation - To prove extra marital relation, ocular evidence is considered as basic evidence...........
Evidence Act, 1872, Section 137 -- Evidence untested by cross examination - Cannot be rejected as inadmissible - Correct rule is that evidence is admissible - If evidence is inadmissible, Court is not entitled to consider it at all whereas if it is admissible, Court must decide on the circumstances of each case whether any weight should be attached to it or not...........
Evidence Act, 1872, Section 137 -- Evidence untested by cross examination - Cannot be rejected as inadmissible - Correct rule is that evidence is admissible but weight to be attached to such evidence should depend on circumstances of each case and that though in some cases Court may act upon it, if there is other evidence on record, its probative value may be very small..........
Evidence Act, 1872, Section 63 -- Secondary evidence - Certified copy is secondary evidence u/s 63 of the Act, which acknowledges/recognizes existence, conditions and contents of deed, but not of its execution...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document in the form of secondary evidence cannot be questioned, if not raised by opposite party when document is introduced and taken into evidence and marked as exhibit...........
Criminal Procedure Code, 1973, Section 329 -- Unsoundness of mind of accused - Court not to straight away hold an elaborate enquiry - If on examining of accused, it does not appear to Court that accused is insane, it is not necessary that he should go further and send for an examine the medical witnesses and other relevant evidence - Of course, if Court has any serious..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Accused not afforded sufficient opportunity for explaining incriminating evidence which was used to base his conviction - Requirement of S.313 Cr.P.C. not complied with by trial Court in its spirit - Conviction and sentence, set aside - Matter remitted to Sessions Court for proper examination..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - It is not necessary that there should be direct evidence in all cases to prove demand and acceptance - It can be proved by acceptable circumstantial evidence as well...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused demanded bribe from decoy witness to effect mutation of his land - Conversation between accused and decoy witness in DVD proves that there was specific statement from the part of decoy witness to reduce the bribe amount - Though tainted notes were not..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Faulty hair cut - Damage to hair and scalp - Award of compensation of Rs.2 crores - In the impugned order of NCDRC there is no reference or discussion on any material evidence to quantify the compensation - Respondent if having any material to substantiate her claim may be given..........
