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Results of witness box evidence

Showing : 11-20 of 124 Results

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 informed him that he saw..........

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 not conducted - It was thus,..........

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..........

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..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Application by plaintiff for issuance of direction to defendant to lead evidence first - Court does not have power U.O.18.R.1 CPC much less U.O.18.R.2 CPC to entertain application of plaintiff for issuance of directions to defendant to lead evidence first - Right to begin will always be with plaintiff..........

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 Rs.36000 each to daughters for a..........

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...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 114 -- Adverse inference - Non appearance of a party as a witness - Mere no, appearance of defendants in Court for orally deposing in witness box is not sufficient to draw adverse inference against them, particularly when entire case of defendants is based upon documents which is filed by defendants...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Motor Vehicles Act, 1988, Section 147 -- Fatal accident - Liability of insurance company - Owner-cum-driver of offending vehicle produced a fake driving licence - Another licence produced by driver already expired before accident - Driver of offending vehicle did not depose in evidence and stayed away from witness box - He as owner had evidently failed to take reasonable..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 3, 65B -- Tape recorded conversation - Cannot be deemed to be admitted merely for the reason of non appearance of defendant in the witness box...........

Showing : 11-20 of 124 Results