Showing : 621-630 of 3241 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3-- Eye witnesses - Statement of eye witnesses recorded after three days of occurrence - No explanation as to why they were not examined for three days - No evidence on record as to how police came to know that these witnesses saw occurrence - Eye witnesses not wholly reliable witnesses in view of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 115-- Estoppel - Auction process never questioned - Rather bid accepted and at the same time put the uncalled for condition of accepting the same under protest - Held, there cannot be no turn around to challenge the bid to say that it should have been 15% of the reserved Jama/settlement for the previous..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder - Non-examination of injured witness - Injured witness was not examined as he was kidnapped at the relevant period - Non-examination of injured witness, held, not fatal to prosecution case and same cannot be a ground to disregard the evidence of eye witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, 504-- Triple murder case - Non-examination of independent witness - Entire case of prosecution cannot be discarded merely on the ground of absence of independent witness, as long as evidence of eye witness, though interested is trustworthy...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 114, 3-- Non-examination of witnesses - Murder case - Accused contended that adverse inference has to be drawn against prosecution for no, examination of two witnesses - Contention rejected, as drawing of an adverse inference depends upon facts and circumstances of each case - Moreover, where version of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 9-- Test Identification parade - Delayed TIP - One TIP within 1-1/2 months and another TIP of another accused after one year and within one month of arrest - Though incident took place in broad day light but time for which eye witnesses could see the accused was not sufficient for them to observe the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 9-- Test Identification Parade - In the instant case incident of firing occurred in the circumstances wherein much time was not available for eye witnesses to clearly see the accused - Held, in such a situation, it was of much more importance that TIP was conducted without any delay...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 307, 120B, 34, Evidence Act, 1872, Section 9-- Murder - Test Identification parade (TIP) - First TIP conducted after about 1-1/2 months of incident - Second TIP was conducted after more than a year of incident - It is doubtful whether eye-witnesses could have remembered the faces of accused after such a long period - Though incident took place..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 9-- Test Identification Parade - Identification in Court is a substantive piece of evidence and TIP simply corroborates the same...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 32-- Dying declaration - A valid dying declaration may be made without obtaining a certificate of fitness of declarant by a medical officer...........

Showing : 621-630 of 3241 Results