Showing : 41-50 of 113 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13A-- Specified landlord - Evidence of attorney - Attorney, husband of landlady, stepped into witness box to support her case - He had personal knowledge of requirement of landlady - Held, husband is competent to depose on behalf of his wife to prove her need...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102-- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff in the witness box as his witness to deny that he did..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Dismissal of application u/s 319 Cr.P.C. - Legality - FIR reveals that complainant has specifically stated that respondent No.4 was armed with an iron rod at the time of occurrence and had given a blow with the same on head of his wife - Complainant while..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Suit for specific performance - Defendant No.1 who was very material witness to prove version of defendants, did not step into witness box - Held, strong adverse presumption arises against the defendants. (Evidence Act, 1872, S.114)...........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73- - Dishonour of cheque - Acquittal - Validity - It is not case of complainant that notice was sent to accused through postal authorities or through courier services - Accused did not enter witness box and denied signature found on copy of notice - Held, in absence of opinion of expert, trial Court..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 136-- Complainant can file document(s) on record of a criminal case subsequent to the filing of charge sheet - There is no restriction on the complainant to tender a document in evidence whilst appearing in the witness box - An affected person cannot be shut out or restrained from producing material..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Ready and willing - Proof - Plaintiff not entering into witness box to prove his readiness and willingness - No cogent explanation for not entering into the witness box - Held, a person who is in the knowledge of facts personally has to give his evidence on his own and..........

Showing : 41-50 of 113 Results