Showing : 81-90 of 216 Results

PATNA HIGH COURT
Year of decision: 2011
Details
Criminal trial-- Evidence - Proof of document - Held, a document, even a public document, requires a formal proof - Evidence Act clearly states that evidence is of two types - Documentary or oral - What can be relied by court, either civil court or criminal court, is evidence that is duly proved and not any..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Evidence Act, 1872, Section 3-- Police witnesses - Evidentiary value - Criminal trial - Statement of witnesses recorded u/s 164 CrPC turned hostile as they resiled from their statement - Police witnesses examined by prosecution supported case on all fours - Police witnesses had no animus against accused - Held, conviction can be..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341-- Dying declaration - Evidentiary value - Deceased burnt alive - PWs.2 to 6 witnessed death of deceased - Dying declaration made while deceased was conscious - Absence of certificate of doctor as to fit state of mind of deceased - Held, cannot make dying declaration unreliable - Conviction upheld...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27-- Murder - Recovery memo - Evidentiary value of - Recovery of weapon of offence - No witness to recovery - Recovery memo singed by police officer only - Held, no credence can be attached to such recovery - Other evidence also extremely sketchy - Conviction of accused set aside...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27-- Murder - Identification of accused - Accused was identified by witness for the first time in Court during recording of evidence - Held, has very little evidentiary value - Conviction set aside...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Land Acquisition Act, 1894, Section 4, 6-- Acquisition of large tract of land - Compensation - Evidentiary value of sale instances of small piece of land - Held, normally it is not possible for the claimant to produce sale instances of large tracts of land - Sale instances relating to smaller pieces of land can be taken into consideration..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Medical and Occular Evidence-- Contradictions - Ocular testimony has greater evidentiary value vis-a-vis medical evidence, when medical evidence makes the ocular testimony improbable, that becomes a relevant factor in the process of the evaluation of evidence - However, where the medical evidence goes so far that it completely..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 154, 3-- Hostile witness - Evidentiary value - Held, evidence of 3 hostile witnesses can't entirely be discarded and can be used for limited purpose of corroboration of other evidence on record - Therefore, considering the evidence of independent eye-witnesses as well as evidence of 2 injured witnesses,..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused - Evidentiary value of - Held, while answering questions put to accused u/s 313 of Cr.P.C. accused is supposed to unfold his defence - He has right to be silent throughout and his silence cannot be taken as an incriminating circumstance against him generally - However, if he..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 300-- Murder - Extra-judicial confession - Reliability of - Principles to be borne in mind - Held, it is an imperative duty of Court to satisfy judicial conscience prior to placing any reliance upon extra-judicial confession made by accused - Governing principles relating to evidentiary value of..........

Showing : 81-90 of 216 Results