Showing : 211-220 of 416 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A-- Rape - Without consent - Prosecutrix when states in her evidence in Court that she did not consent then Court shall presume that she did not consent - However, such a presumption is rebuttable - Prosecutrix terrorirized and sexual intercourse committed - Sexual intercourse with consent ruled out -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Evidence Act, 1872, Section 114-- Court cannot compel any party to examine any particular witness - However, Court can draw adverse inference when best available evidence is not produced...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114(g)-- Poppy husk - Recovery of 125 bags from a truck - Independent witness - When prosecution apprehends that independent witness will not support its version at the trial even then it is necessary for prosecution to examine him to reveal the truth - Adverse inference has to be drawn if not examined...........
MADHYA PRADESH HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138(b), General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114-- Dishonour of cheque - Notice - Presumption as to - Notice was sent on correct address of respondent - It was also within time as per provision u/s 138 Proviso(b) and appellant in his statement has specifically stated that respondent got returned notice and did not pay the amount - In..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 397, 450, Evidence Act, 1872, Section 114-- Stolen property recovered from possession of appellant - Held, Court is justified in using the presumption raised u/s 114 of Evidence Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114-- Poppy husk - Recovery of - Only independent witness won over and given up - No adverse inference can be drawn...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Evidence Act, 1872, Section 50, 114-- Marriage - Act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114(g)-- Seal after use was handed over to a constable who has not been examined - Adverse inference drawn against the prosecution under S.114(g) of the Evidence Act...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Evidence Act, 1872, Section 114(e), Civil Procedure Code, 1908, Order 20, Rule 5-- Judgment - Judge deals with only those points which are raised at the time of arguments - A point not dealt with in the judgment is presumed to be not pressed at the time of arguments though pleaded - This is a rebuttable presumption - In case of a grievance that a point was pressed but not dealt..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Evidence Act, 1872, Section 133, 114(b)-- Accomplice - Corroboration - Need not be direct evidence that the accused committed the crime - It is sufficient if there is merely a circumstantial evidence of his connection with the crime...........

Showing : 211-220 of 416 Results