Showing : 1-10 of 225 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 154-- Hostile witness - Evidentiary value of - Evidence of a person does not become effaced from the record merely because he has turned hostile rather his deposition must be examined more cautiously to find out as to what extent he has supported the case of prosecution...........
DELHI HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 3-- Audio data - Admissibility - To be determined on the basis of facts leading to its recording and preserving its originality subject to cross examination - There is no other method to adopt which could facilitate its evidentiary value otherwise...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 384, 506, 120B, Evidence Act, 1872, Section 26, 27-- Confession of co-accused - Evidentiary value - Confessional statement of co-accused cannot by itself be taken as a substantive piece of evidence against another accused and thus, cannot be made basis for conviction of accused without corroboration - Such statement can at best be used or utilized..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Evidentiary value - FIR as such is not substantive evidence - It may be used either to corroborate informant u/s 157 of Evidence Act or to contradict him u/s 145 of Evidence Act, when he is called as a witness...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Examination of witness - Murder case - Wife of deceased filing an application to be examined as a witness claiming herself to be eye witness of incident - Reliability, credibility or evidentiary value of this witness cannot be assessed at this stage - By allowing such witness for examination, it..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - If primary evidence is not available, the party can lead secondary evidence - There is no provision for moving an application for seeking formal permission to lead secondary evidence - Evidentiary value of such secondary evidence has to be considered by Court at the time of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration - Not read over to declarant - Evidentiary value - A dying declaration cannot be rejected merely because the same was not read over to declarant and declarant admitting the same to be correctly recorded - Rather this can be one of the factors, if it assumes significance in facts..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 364, 392, 34-- Test Identification parade (TIP) - Murder - Identity of accused already disclosed to witnesses before TIP - Identity of accused by said witnesses before Court is of no evidentiary value, as it is not fair and reliable - Consequently circumstantial evidence of last seen does not itself necessarily..........

Showing : 1-10 of 225 Results