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Results of evidence act

Showing : 971-980 of 12024 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of documents for comparison of thumb-impression cannot be sent to Forensic Science Laboratory - But plaintiff shall be at liberty to produce on record the copy of written statement along with list of reliance of documents, in a suit for recovery, as an evidence, in support of the defence...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Courts below while decreeing the suit failed to examine evidence in detail that scribe failed to prove the execution of agreement to sell - Stamp vendor not examined - Only oral evidence was produced - More so, possession of suit property was delivered to plaintiff on the date of contract itself, however his counsel made a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Will -- Proof of - Attesting witnesses not available - Requirement of S.69 of Evidence Act, 1872 - Both attesting witnesses were dead - Signatures of both the attesting witnesses proved by their close relatives - Thus, widow of deceased has successfully fulfill the requirements of S.69 of Evidence Act by proving that attestation of both attesting witnesses were in their..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 15 ceripex tablets and 9 noxious biscuits - Sampling process - Lack of particular description as to how sample was taken out of 15 ceripex tablets - If whole of recovered tablets were treated to be sample and same was sent to FSL then there is no whisper as to on whose instance by whom and as..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 200 tablets of Carisoma - Contraband shown to have been recovered from 2 accused persons as the carry bag containing said substance fell down on earth and was intermixed - All witnesses are official witnesses and there..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 325 -- Reference by Magistrate - Scope - Magistrate while forwarding accused to CJM, when it forms an opinion that higher sentence is required, is not merely to act as a post office but has to fully appreciate the evidence led before it - Although such an exercise of marshalling would be equivalent to passing of a judgment but CJM is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of drugs - Search and seizure - Prosecution failed to prove as to who produced case property - It could have been easily proved by producing documentary evidence and store room register - But no, production thereof, draws adverse inference against prosecution...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence and can be used only for..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - If Court did not exhibit documents despite claimants referring them at the time of recording evidence then in such event, claimants cannot be denied their right to claim compensation, particularly, when they proved their case and respondents did nothing to counter them - It was nothing but a procedural..........

Showing : 971-980 of 12024 Results