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Results of evidence act

Showing : 911-920 of 12024 Results

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 58, 54 -- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed and said fact is mentioned..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Medical opinion accepted that deceased must have survived only for a short duration after he received injuries - Extremely doubtful whether deceased had survived long enough for PWs 1 and 15 to arrive at the scene of occurrence and then make separate statements to these witnesses -..........

ORISSA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 3 -- Statement of witness - When a witness states certain aspect of case in Court which he has not stated before I.O at the time of recording his statement u/s 161 Cr.P.C, then such statement shall be taken as contradiction and if it has a great bearing on case, then it should be treated as a major contradiction...........

ORISSA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 11 -- Plea of alibi - Murder case - Failure to establish plea of alibi can only be pressed into service as a additional link but not an incriminating link...........

ORISSA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder of wife by husband - Circumstantial evidence - Motive - Testimonies of Independent witnesses/co-villagers of accused - PW2 and PW3 does not speak anything about motive of accused behind commission of crime - They only stated that there was some dispute regarding lands between deceased and accused..........

ORISSA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Circumstantial evidence - Absence of explanation of accused regarding death of deceased - House in question where accused and deceased were living was not exclusively occupied or inhabited by them - Second wife and mother of accused were living in the same house - Accused..........

ORISSA HIGH COURT

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder of wife by husband - Plea of alibi - Plea not proved by accused - However, since circumstances of case either conjointly or separately did not prove guilt of accused beyond reasonable doubt, accused not liable to be convicted u/s 302 IPC - Accused acquitted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 90 -- 30 years old document - Sale deed - Presumption u/s 90 of the Act - Original sale deed was tendered only at stage of rebuttal - No such sale deed was produced in affirmative evidence - It was not a case of leading secondary evidence by plaintiffs - Presumption does not apply to copy or certified copy even though 30 years old - If due..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 90 -- 30 years old document - Sale deed - Presumption u/s 90 of the Act - For application of presumption u/s 90 of the Act, property must be co-related with suit property - Since dimensions shown in sale deed did not correspond to dimensions of site plan adduced by plaintiffs, no presumption can be drawn regarding document 30 years old...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 102 -- Onus to prove - Sale deed - Execution - Sale deed was tendered in rebuttal evidence - Onus therefore was heavily upon plaintiffs to prove their case, viz.-a-viz. dimensions, length and breadth and other material particulars of property involved in sale deed...........

Showing : 911-920 of 12024 Results