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Results of evidence act

Showing : 1011-1020 of 12066 Results

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...........

KERALA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 17, 21, 112 -- Admission - Paternity of child - Petitioner had not made any categorical admission in previous proceedings between him and respondent that he is father of child born to respondent - He only did not deny paternity of child - It amounts to an implied admission - He has got a plea that he did not specifically deny paternity of child..........

KERALA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born to respondent during continuation of a valid marriage - Petitioner has not shown that he had no access to respondent at that time when child was begotten - Presumption u/s 112 of the Act comes into play - Proceeding instituted by petitioner is for granting decree of declaration that child born to..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Dying declaration - Murder of wife by husband - Gunshot injury - Deceased stated that `Inhone Mujhe Mar Diya' - Word `Inhone' points to her husband, as Hindu ladies do not refer their husband by names, they devised an easiest expression to refer them as `inhone' - Deceased..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Employee's Compensation Act, 1923, Section 30 -- Appeal - Order awarding compensation - Death of employee - Commissioner rightly decided all material questions arising in case properly on the basis of evidence adduced by parties and rightly determined compensation which was affirmed by High Court - Concurrent findings of fact of two Courts below are binding on Supreme..........

GUJARAT HIGH COURT

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.750 kg ganja and 2.175 kg charas - Presumption of culpable mental state - No evidence produced by defence to rebut said presumption - Nothing adverse has come out from cross-examination of PWs for rebuttal of such presumption - Therefore, even by drawing adverse inference as accused were..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered and unstamped partition deed - Admissibility - Unregistered partition deed can be admitted in evidence for collateral purpose and document in question can be marked subject to payment of stamp duty and penalty. Paras 7 & 8)..........

Showing : 1011-1020 of 12066 Results