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SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Pre-trial amendments are to be allowed liberally than those which are sought to be made after commencement of trial - After commencement of trial, particularly, after completion of evidence, question of prejudice to the opposite party may arise and in such event, it is..........
DELHI HIGH COURT
Year of decision: 2007
Details
Speedy trial-- Offence u/s 56 of FERA - Complaint filed in 1986 and still at pre charge evidence in the year 2007 - Prosecution took about 5 years to verify death of one of accused - Delay was not due to lapse on part of petitioner - Held, that petitioner's right to speedy trial under Art.21 of the Constitution..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Evidence Act, 1872, Section 25, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15-- Confession - Made by accused before Police Officer - Admissible in evidence - Guidelines for recording confession are : (1) The confession should be recorded in a free atmosphere in the same language in which the person is examined and as narrated by him; (2) The person from whom a confession has..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Constitution of India, 1950, Article 226, Army Act, 1950, Section 116-- Court Martial proceedings - Conviction - Sentence - Judicial review - When there is sufficient evidence to sustain conviction, it is unnecessary to examine if pre-trial investigation was adequate or not - Requirement of proper and adequate investigation is non-jurisdictional and any violation..........
RAJASTHAN HIGH COURT
Year of decision: 2005
Details
Evidence Act, 1872, Section 45-- Rebuttal of expert opinion by expert opinion - Dismissal of defendant's application on the ground that there is no reason to disbelieve the expert opinion obtained by plaintiff - Held, trial Court at this stage, could not have observed so because it is pre-judging a piece of evidence during trial...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 34-- Exercise of inherent powers - Quashing of charges - Validity - While quashing charge framed u/s 304/34 IPC approach of High Court to the case as if it was evaluating medical evidence for purpose of determining question whether charge framed against accused persons was likely to succeed or not -..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 299, Evidence Act, 1872, Section 33-- Evidence recorded u/s 299 Cr.P.C. in absence of accused as he was declared proclaimed offender and absconding - Subsequent arrest and trial - Summons issued to witnesses whose evidence recorded u/s 299 returned as persons dead - Accused convicted on basis of evidence of such persons - Trial Court..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 18, Rule 17-A-- Additional evidence - Trial Court declined the application on the ground that evidence of the defendants was closed and that the application was moved at a belated stage - Held, an application for additional evidence normally pre-supposes that evidence of the parties has already been closed unless..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1973
Details
Civil Procedure Code, 1908, Section 11, Order 6, Rule 2-- Finding recorded on a matter by the Court in absence of pleadings - Obiter dicta.
Findings recorded on a matter by a Court in the absence of pleadings thereon is obiter dicta. (Para 8)
Where in a pre - emption suit the vendee did not lead evidence that he was a tenant of the land in dispute..........

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