Showing : 51-60 of 185 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14-- Eviction - Building and rebuilding - Tenant contended that since landlord has not sufficient funds for reconstruction thus he cannot be evicted - Contention rejected, as petition cannot be allowed only on that point, since tenant did not cross-examine landlord when he appeared in witness box on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 114, Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Plaintiff not entering the witness box - Plaintiff must prove facts within his personal knowledge by appearing in witness box - Statement of Power of Attorney qua such facts not admissible - In such a situation an adverse inference has to be drawn against plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 23-- Admission - Made by a party is a substantive piece of evidence by fact, which was duly admitted during course of civil Court decrees passed in which defendants themselves were beneficiaries - Such admission is always admissible in evidence irrespective of whether party making the same appears in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 108 packets of Poppy husk - Non-examination of independent witness - Admission of I.O with respect to difference of signatures of independent witness on different memos and he being a convenient person to police, clubbed with his no, production in witness box by prosecution, renders..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Application for grant of permission - Contents of application - Can be established only when party is permitted to enter witness box and is subjected to cross examination - Veracity of statement made by the party seeking permission to lead secondary evidence has to be tested..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 306, 498A-- Abetment of suicide - Cruelty - Death by consuming poison - No evidence on record that accused or any of his relative abetted the commission of suicide by deceased or subjected her to cruelty - Nobody even see the deceased consuming poison - No effort was made by any of the witnesses to call the..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 118, 139-- Dishonour of cheque - Presumption - Rebuttal - Available, if same is rebutted on basis of cross examination of witnesses of complainant and other material evidence on record - It is not mandatory for accused to enter into witness box for purpose of rebuttal of presumption...........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 436-- Mischief by fire - Setting complainant's hut on fire - Rivalry between parties - Unsatisfactorily explanation of delay of 2 days in lodging FIR - Contradictions and omission in the evidence of PWs and other examined witness turned hostile - Match box and kerosene cane not recovered - Held, on the..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302-- Murder of child aged 3 years - Death due to consumption of mercury - Oral dying declaration - Declaration made by 3 years old child before his parents - Death of child was not caused due to metallic poison - Moreover, it is unbelievable that after child was administered some poisonous substance,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Summoning of opposite as its own witness - To call an adversary in the witness box as his witness by a party, cannot be conferred legitimacy in law...........

Showing : 51-60 of 185 Results