Showing : 971-980 of 4609 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Evidence Act, 1872, Section 11-- Plea of alibi - Burden of proof - When a plea of alibi is taken by accused, burden is upon him to establish the same by positive evidence, after onus as regards presence on spot is established by prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11-- Murder - Death by burning - Plea of alibi - Father of deceased categorically stated that accused was present at the time of occurrence - Nothing elicited in his cross examination - Medical evidence proves that death was not accidental - On the other hand DW1 does not inspire confidence regarding..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32-- Murder - Oral dying declaration - 100% burn injuries - Plea of false implication - PW3 daughter of deceased who witnessed the occurrence has informed PW1, brother of deceased who immediately rushed towards the house of deceased and she told him that her husband poured kerosene on her - Oral dying..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 65(c)-- Secondary evidence - Plea that original document is lost - If a party is unable to support his plea and had exposed his own version to be false in cross-examination, Court would eschew such document from consideration, no matter such document was exhibited as evidence in Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - If there is plea regarding loss of original document already in plaint, no further assertion is necessary - However, if such an aspect of loss of original is not in the pleadings, it would not be taken as serious lapse, as matters of evidence need not be pleaded as per O.6.R.2 CPC...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Section 3-- Plea of limitation - Suit is to be dismissed or plaint to be rejected when suit is filed beyond period of limitation even when plea of limitation is not taken by defendant...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Plea of limitation - It is a pure and simple question of law and not a mixed question of facts and law - It can be raised as a plea of defence either in written statement before trial Court or in appeal before appellate Court...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment at appellate stage - Eviction petition on ground of bonafide necessity - Subsequent event that son of landlord joined service for whose necessity eviction was sought - Plea of landlord that joining of service by son is merely a temporary stop gap arrangement and is..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 300- - Culpable homicide not amounting to murder - Plea of sudden fight - Burden to show that case falls u/s 300 Exception 4 is on accused - No doubt even without leading positive the plea can be substantiated from material on record...........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Defective notice - Name of Bank mentioned wrong - Not fatal unless it is proved by accused that there was some other transaction between accused and complainant and there were other cheques also given and defect in the name of bank or number of cheque shown has..........

Showing : 971-980 of 4609 Results