Showing : 11-20 of 185 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Will -- Proof - Merely because scribe and marginal witnesses of Will entered into witness box to prove execution of Will, same will not make Will a legal and valid document...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Court below found that cheque contained signatures of accused and it was given to complainant to present in Bank, said act raises presumption u/s 139 of the Act, which was not rebutted by accused - Even, accused did not come in the witness box to support his..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 394, 34-- Murder and robbery - Circumstantial evidence -Recovery of cash - Cash is not traced back to deceased, as box from which articles were allegedly stolen is not recovered or seen by any witness - Even in FIR there is no averment of any article or money being stolen or lost - Therefore, when money..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 364, 201-- Double murder - Circumstantial evidence - Last seen theory - Dead bodies of two missing deceased were found in the field - Last seen witness/PW3 while supporting prosecution case stated that he saw two deceased in company of accused and two of them carrying box - More so, informant stated that PW3..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness for cross-examination - Proceedings u/s 125 Cr.P.C - Wife failed to appear in witness box to face cross-examination - If she is not cross-examined, her evidence shall not be considered - Presiding officer and counsel for petitioner failed to construe that cross-examination is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n)-- Sexual assault of minor girl by her own father - Medical evidence - Victim herself not stated either in her statement recorded u/s 164 Cr.P.C or in witness box that accused ever penetrated his penis in her vagina - Even medical evidence not suggestive that accused committed penetrative sexual..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Will-- Execution - Suspicious circumstances - Defendant `J' deposed that in lieu of services rendered by him to testator he executed the Will - However said `J' was in Army from the year 1960-1979 whereas Will was executed in the year 1970 - It is highly improbable that `J' had an opportunity to render..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 16, Rule 1(2), Civil Procedure Code, 1908, Order 12, Rule 2-- Plaintiff as defendants witness - Provisions of O.12.R.2 and O.16.R.1(2) are not applicable - O.12.R.2 CPC does not enable the defendant to compel plaintiff to enter witness box to give evidence - O.16.R.1(2) is also not applicable as this provision does not deal with right of defendant to compel..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to unmarried daughters - Father was employed as driver abroad in a private company and allegedly earned Rs.2 lakh p.m - However, he did not enter the witness box and did not produce any evidence regarding his actual salary - Lower Court thus, rightly granted past maintenance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 114-- Non appearance of plaintiff in the witness box - Adverse inference can only be drawn if evidence available on file is not sufficient...........

Showing : 11-20 of 185 Results