Showing : 31-40 of 116 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Charas - Recovery of 1 kg 800 gms - Non joining of independent witness - Recovery from residential house - Version of official witnesses that nobody agreed to join investigation seems to be plausible and natural as they tried to associate independent witnesses but they failed - I.O and other PWs..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Evidence of relative witnesses - Instances of cruelty - Husband throttled the neck of his step daughter and she was rescued by their neighbor PW3 - Statement of PW3 cannot be brushed aside merely for reason that he was a neighbour or relative of wife in brotherhood - PW3 was a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 2 kgs of opium - Conscious possession of accused fully established on record which was corroborated by testimonies of official witnesses - Merely on the fact that independent witness was not examined by prosecution as he was won over by accused, is not fatal to prosecution case as he..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 364A, 34, Evidence Act, 1872, Section 9-- Kidnapping for ransom - Test identification parade - Accused kidnapped a boy aged 6 years and demanded Rs.10 Lakhs - Sum of Rs.6 lakhs paid to accused who released the boy - Father of victim is natural and more important witness as he explained in what manner he reached the place where his son was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Will -- Suspicious circumstances - (i) Will found from amongst the documents belonging to the testator after his death; (ii) No witness, a relative or an independent person, examined to prove the said factum; (iii) it does not appeal to a prudent mind that testator executed a Will long before his death..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Hindu Adoptions and Maintenance Act, 1956, Section 5, 16-- Adoption - Suit for declaration - Cause of action sought to be indicated in plaint appears to be wholly no, existent - Adoption deed reveals that plaintiff indicated natural father as his father, which fact clearly negatives the assertion that he was adopted - Though the document has been titled..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal trial -- Eye witness - Reaction at the place of occurrence - Every person witnessing a murder reacts in his own way - There is no set rule that one must react in a particular way as natural reaction of man is unpredictable - Evidence of PW6 being father of deceased is not to be disbelieved simply because..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Evidence Act, 1872, Section 3-- Interested/relative witness - Relationship of witnesses is not to be taken as interestedness in the success of prosecution case - Eye witnesses are genuine and natural witnesses who have also been proved to be truthful when their credit could not be shattered even a little, despite a very lengthy..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27-- Murder - Non-examination of eye witness - Examination of such eye witness would not have strengthened the case of prosecution any further when two other eye witnesses were examined and their testimonies are reliable and natural - Emphasis of Courts has always been to look to quality of evidence..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25-- Murder - Circumstantial evidence - No eye witness of incident except PW1 - Motive not proved - Conduct of PW1 was not natural as he manipulated the story of murder against accused - There are so many infirmities in prosecution case - Twenty five pellets recovered from body of deceased but only two..........

Showing : 31-40 of 116 Results