Showing : 1-10 of 110 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 114-- Adverse inference - Failure of defendants to enter into witness box and offer themselves for cross-examination by other party results into an adverse inference being drawn against defendants by Court, more particularly when there is no other evidence available on record to prove issue in question..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4-- Exhibition of document - Certified copy of deposition of defendant in evidence, who deposed as PW1 in other case, sought by plaintiff on his behalf - Said certified copy is a part of record of Court, certainly there is a presumption of authenticity including its contents and basing on the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 3A, Evidence Act, 1872, Section 120-- Husband appearing as a witness of wife in pursuance of S.120 Evidence Act - Wife can be permitted to examine herself as a witness at a later stage, inspite of the fact that she authorised her husband to enter into witness box and depose as her agent...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise..........
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..........

Showing : 1-10 of 110 Results