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Results of evidence act

Showing : 931-940 of 12066 Results

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...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 3 -- Rape and murder of 3 year old girl - Death sentence - Based on circumstantial evidence - Ordinarily, it would not be advisable to award capital punishment in a case of circumstantial evidence - But there is no hard and fast rule that death sentence should not be awarded in a case of..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Evidence Act, 1872, Section 54 -- Previous bad character - Past adverse conduct of the convict ought not to be taken into consideration for the purpose of determining the quantum of sentence, except in specified circumstances...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 451, 457 -- Release of gold and silver ornaments etc. - Application filed by wife of accused against whom case is registered u/ss 13(1)(e), 13(2) of P.C Act - Court below rejected the application on ground that if interim custody of ornaments is given to applicants, there is every chance of changing their nature - However, even if..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Foreign Contribution (Regulation) Act, 1976 -- Applicability of the Act - Matter is sub judice and pending in similar case - Issue with regard to applicability of provisions of FCRA Act can be decided more properly only after evidence is adduced by prosecution - At the initial stage of proceedings, it does not appear appropriate or possible to probe this issue and decide..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Prevention of Cruelty to Animals Act, 1960 - - Offence under the Acts - Certain observations detrimental to appellant's complaint in question were made by High Court - IO and Magistrate concerned directed to proceed the matter strictly in accordance with law on the basis of evidence and would not be influenced in any manner by observations made by High Court in impugned..........

Showing : 931-940 of 12066 Results