Showing : 1-10 of 6333 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Agreement regarding supply of coal - Claim as to fixed costs - Except CA's certificate, no further evidence led with respect to actual loss - However, in the relevant year quantity of coal lifted by respondent was much above the fixed quantity - Award passed by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 239-- Quashing of proceedings - Proceedings quashed as certificate u/s 65-B(4) Evidence Act not produced when charge sheet was filed - Need for production of such a certificate would arise only when electronic record is sought to be produced in evidence at trial - Stage at which High Court sought to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302-- Dying declaration - Murder - Allegation against niece of deceased - Dying declaration of deceased was recorded by Naib Tehsildar - However, Naib Tehsildar did not satisfy himself about fitness of deceased to make a statement - No verification or certification of doctor regarding fitness of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302-- Oral dying declaration - Murder - Allegation against niece of deceased - Oral dying declaration of deceased recorded before PW2, PW3, PW4 and others - Said declaration is clearly an afterthought, inasmuch as same was brought up before trial Court for first time - PWs not made any statement..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Circumstantial evidence - No eye-witness - Land dispute - Depositions of prosecution witnesses which stood rigour of cross-examination clearly support prosecution version and establishes enmity between accused and deceased - Said fact supported by PW1's last seen evidence, her prompt..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Testimony of interested witnesses - Long standing land dispute between parties - Going by corroborative statements of interested witnesses, it is discernible that though they are related to each other and to deceased, their evidence cannot be discarded by simply labelling them as..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 23-- Accident - Insurance claim - Accident benefit cover - Assured died as a result of a heart attack which was not attributed to accident - No evidence to show that any bodily injuries were suffered due to fall from motorcycle or that they led to assured suffering a heart attack - Even there is no..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Trial already commenced - It is desirable to record findings on various contentious issues and disputes in the suit on merits by appreciating evidence but at the same time there is no reason or justification to decree the suit at that stage...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 489B, 489C-- Confession of co-accused - Fake currency notes - No recovery effected from residence of accused of counterfeit notes - Even there is no other material on basis of which even a strong suspicion could be aroused - It is only confession of co-accused which is against accused - In the absence of any..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 9, 10, Indian Penal Code, 1860, Section 341-- Attempt to sexual assault by father upon his 7 years old daughter - Reduction of sentence - Victim herself appeared as PW1 and her evidence has proved, which was corroborated by evidence of PW6 and PW7 - Medical evidence also fully corroborated charge on accused - Accused held, guilty of offence,..........

Showing : 1-10 of 6333 Results