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Results of evidence act

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SUPREME COURT OF INDIA

Year of decision: 2018
Details

Arbitration and Conciliation Act, 1996, Section 47 -- Foreign award - Enforcement - Non-filing of arbitration agreement or original award or relevant document mentioned in S.47 of the Act should not entail dismissal of application for enforcement of an award at the initial stage - Word `shall' relating to production of evidence in S.47 at time of application has to be read..........

CALCUTTA HIGH COURT

Year of decision: 2018
Details

Registration Act, 1908, Section 49 -- U, registered lease deed - Lease deed being unregistered can only be received as evidence of contract or as evidence of any collateral transaction - However, duration of lease of 15 years as fixed by parties of said void lease deed cannot be a collateral purpose within meaning of S.49 Proviso of the Act...........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 65B -- Call details records (CDRs) - CDRs tendered by I.O sans any certificate obtained from service provider - No witness from service provider examined to prove same - There is thus, complete no, compliance of S.65-B of the Act - CDRs thus, not proved as per law and thus have to be ignored...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison of disputed signatures with admitted signatures by Court - One disputed document cannot be used for comparison of signatures with another disputed signatures - Rather comparison of disputed signatures would be only useful when it is done with admitted signatures...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison of disputed signatures with admitted signatures by Court - Signatures on Bank account opening form - Opening of Bank account is not disputed - However, there is none to certify or state that he saw deceased putting his signatures on said form - Said signatures on Bank account opening form therefore, cannot..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 114 -- Plaintiff not appeared as his own witness - Sufficient evidence available on file to prove the case of plaintiff - Adverse inference can only be drawn once sufficient evidence is not available...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing of charge - From perusal of FIR, suicide note and report u/s 173 Cr.P.C., no ingredients of offence punishable u/s 306 IPC are made out - No evidence or positive act to suggest that petitioners abetted deceased in any manner to instigate him in committing..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL..........

KERALA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child is a necessary party and has right to be heard through guardian to decide an application for DNA test - Fact that mother was heard while deciding application is not sufficient - Mother was heard in the matter not in the capacity of guardian of minor but in her individual capacity only...........

KERALA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 17, 21 -- Admission - An admission by a party in a previous suit or proceedings is admissible in evidence in a subsequent suit or proceedings - Admission is only a piece of evidence to prove a fact - It does not operate as estoppel unless other party has acted upon it...........

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