Showing : 31-40 of 110 Results

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..........
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..........
PATNA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 225, 301-- Examination of witness - Eye witness precluded from being examined as PW - Public prosecutor had chosen to put eye witness in witness box on behalf of prosecution but he was precluded from being examined as PW at the behest of privately engaged lawyer on behalf of informant - Purpose of no,..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness in Court not finding place in his statement recorded u/s 161 Cr.P.C. - Held, if evidence tendered by witness in the witness box is creditworthy and reliable, that evidence cannot be rejected merely because a particular statement made by witness before Court does not find place..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 341, 394, 34-- Murder & Robbery - Acquittal - PW3 & PW4, eye witnesses did not state in their evidence that they appeared before a magistrate and gave a statements u/s 164 Cr.P.C. - There are contradictions in the statement vis-a-vis their evidence in court, therefore those statements cannot be used as a..........
DELHI HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 114-- Party not appearing in the witness box as his own witness and not offering himself to be cross examined by the other side - A presumption arises that case set up by him is not correct...........

Showing : 31-40 of 110 Results