Showing : 331-340 of 19077 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - No corroboration to the statement of PW3 inspite of corroboration evidence being available - Conviction of accused on the existing evidence may not be justified - It is a fit case for directing additional evidence to be recorded on the basis of further investigation to be..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 24-- Extra judicial confession - Does not require corroboration in all cases - Conviction can be based on a voluntarily confession but rule of prudence requires that wherever possible it should be corroborated by independent evidence - However, it does not require that each and every circumstance..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50, 57-- Non compliance of mandatory statutory requirements of Ss.42, 50, 57 - Accused has to be acquitted if non compliance of statutory requirement is proved irrespective of the volume of evidence proving factual aspects...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Medical Council of India Act, 1956-- It must be proved by evidence of experts in the filed that suffering of ailment was as a result of improper performance of surgery and that too with the degree of negligence on the part of doctor - However, proving suffering of ailment by patient after surgery is not sufficient...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Plaintiff seeking recall of PW5 for further examination to prove Ex.A10 - Recall sought when evidence of defendant was complete and matter was listed for arguments - Recall of a witness to fill up a gap is impermissible...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Permissible subject to provisions of Evidence Act...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 376(2)(f)-- Rape of 9 years old minor girl - Serologist report - It is expert opinion u/s 45 of Evidence Act and therefore, admissible in evidence without being marked an exhibit formally or being proved by oral evidence...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154-- Rape of 9 years old minor girl - Prosecutrix turned hostile and failed to identify accused in dock - It cannot be a relevant fact and reason for acquittal of accused, particularly when medical evidence fully corroborates the offence of rape committed upon prosecutrix...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 9-- Test Identification Parade (TIP) - Identification in dock generally is to be given primacy over identification in TIP, as TIP is considered to be corroborative evidence...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313-- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it was a failure..........

Showing : 331-340 of 19077 Results