Showing : 1-10 of 25 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Evidence Act, 1872, Section 3-- Non-examination of material witness, who could have unfolded the relevant facts of the case necessary for adjudication, makes the prosecution version doubtful...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 392, 506, Evidence Act, 1872, Section 114-- Robbery - Non-examination of material witness - Adverse inference - Complainant failed to produce his son as witness in presence of whom accused looted Rs.22,000 from him - Adverse inference has to be drawn against complainant - Moreso, contradictions were shown in the statement of eye witnesses..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Non-examination of defendant No.1 - Not fatal particularly when defendant No.1 sold the property to defendant No.2 and defendant No.2, who actually has interest in suit entered the witness box and supported his case - Moreover, adjudication of case has to be made on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 150 gms of opium - Non-examination of independent witness - Entire story based on testimonies of official witnesses - But there are material contradictions and discrepancies in testimonies of official witnesses regrading weighing scale and weights, and material for preparing sealed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 30 bags of poppy husk - Non-examination of independent witness - Independent witness won over by defence as he stated that his signatures were procured on blank papers - However, it is difficult to believe that numerous signatures on various papers having different writing material can..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Evidence Act, 1872, Section 3-- Material evidence - Non-examination of a material witness is not a mathematical formula for discarding the weight of testimony available on record, if the same is natural, trustworthy and convincing...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376-- Rape - Non-examination of material witness - Husband of prosecutrix was a very material witness as he was first person to whom prosecutrix disclosed the incident - Prosecution did not examine said witness - Non-examination of such a material witness raises adverse inference against prosecution...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal trial -- Non-examination of material witness - If a witness examined in court is otherwise found reliable and trustworthy, fact sought to be proved by that witness need not to be further proved through other witnesses though there may be other witnesses available who could have been examined but were not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 40 bags - Non examination of independent witness - Explanation of prosecution that he was won over - If that was the case prosecution could have cross examined him - Another material witness DSP, who was called to the spot and recovery was effect in his presence, also not..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302-- Murder - Non examination of husband of deceased, a relevant eye witness and three other injured witnesses - No expalanton given by prosecution for their non examination - Non examination of the material witnesses is significant as PW-11 is really an interested witness as he had an axe to grind..........

Showing : 1-10 of 25 Results