Showing : 1181-1190 of 10149 Results

SIKKIM HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 506-- Rape - Testimony of prosecutrix - Accused was known to prosecutrix - He allegedly entered house of prosecutrix through plastic roof and committed offence on her - Prosecutrix claimed to seen the torn ceiling from where the accused made his entry only in morning - However, it is suspicious as to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Marriage - Presumption - Long cohabitation - Presumption of legal marriage can be drawn, as same was not proved otherwise...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 101, 102-- Pronote - Burden of proof - Initial burden is always on plaintiff to prove execution of pronote - Once execution of pronote is proved by plaintiff then statutory presumption available u/s 118 of N.I.Act comes into operation in favour of plaintiff - Defendant may also dislodge statutory presumption..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 118-- Pronote - Consideration - Presumption - Recovery suit - Evidence of plaintiff itself shows that he advanced money on request of husband of defendant not by defendant - Passing of consideration in such situation is highly improbable - Once pronote is found to be without consideration, it does not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24-- Murder - Circumstantial evidence - Extra-judicial confession - Accused made extra judicial confession before PW3, who is merely a servant - There was no reason or occasion for accused to make extra judicial confession before PW3, who is not person of influence having contacts with police or any..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8-- Murder - Circumstantial evidence - Motive - Son of deceased narrated many instances prior to murder indicating animosity between accused and deceased - However, none of those instances was of such nature which prompted accused to murder deceased - Motive not proved by any credible and reliable..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Evidence Act, 1872, Section 7, Constitution of India, 1950, Article 20(3)-- Fingerprints or footprints - Direction to accused to provide his fingerprints or footprints for corroboration of evidence, cannot be considered as violation of protection guaranteed u/art 20(3) of Constitution - However, no, compliance of the same may lead to adverse inference, nevertheless, it..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 112, 114-- Paternity of child - DNA test - Can be ordered either by Criminal Court or by any other Court...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 112, 114-- Rape - DNA test - Paternity of child - DNA test is essential to establish whether ingredient of S.375(4) IPC, is there or not - If accused refuses to undergo DNA test, Court can draw adverse presumption u/s 114 of Evidence Act - Application allowed...........

Showing : 1181-1190 of 10149 Results