Showing : 151-160 of 317 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 65, 66-- Adverse possession - Plea of - Tenability - According to defendant No.1, he is not in possession of disputed property - He has sublet the property to defendant Nos.2 and 3 - Defendant Nos.2 and 3 have never contested the suit - They have not appeared in witness box to support case of defendant..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34-- Murder - Proof - Interested witness - Appellant convicted u/s 449, 341 and 302 r/w S.34 IPC - Contention that PW2, PW3 and PW4 who were examined as eye witnesses turned hostile - Conviction cannot be based solely on evidence of PW1 who is elder brother of deceased - Held, being brother of deceased..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 391-- Dacoity - Proof - There is no mention in FIR about presence of PW10 - It was specifically mentioned in FIR that wife of informant was present but she has not been examined - PW12, father of informant is a hearsay witness - PW11, doctor has supported factum of death of informant by explosive..........
DELHI HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 20, Prevention of Corruption Act, 1988, Section 13(1)(d)-- Demand of bribe - Proof - Demand, acceptance and recovery proved - One witness not completely supported prosecution case and turned hostile in respect of demand of bribe - Held, same will not belie otherwise convincing and cogent testimony of shadow witness - Conviction proper...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Evidence Act, 1872, Section 154-- Hostile witness - In a criminal trial, credible evidence of even hostile witness can form the basis for conviction...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Murder - Conviction - Sustainability - Link evidence missing - Deceased seen last not only with accused alone but another person was also present in same room - That person not examined by prosecution for reason best known to them - Child witness declared hostile - So-called extra-judicial..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 154-- Hostile witness - A witness cannot be declared hostile when he gives unfavourable testimony in favour of the party calling him - He is hostile if he tries to injure the party's case by prevaricating or suppressing the truth or taking a inconsistent stand than what was taken by him at an earlier..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 154, 3-- Hostile witness - Evidentiary value - Held, evidence of 3 hostile witnesses can't entirely be discarded and can be used for limited purpose of corroboration of other evidence on record - Therefore, considering the evidence of independent eye-witnesses as well as evidence of 2 injured witnesses,..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Murder - Proof of - Paper pasted on a temple reveals minute details of the incident - Investigating officer did not recover dead body at initial stage of investigation - Recovery of weapon was doubtful - Investigating Officer did not investigate as to who was author of paper - Even he did not..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Evidence Act, 1872, Section 154-- Hostile witness - Evidentiary value - Evidence given by hostile witness may contain elements of truth , therefore, entire evidence should not be brushed aside...........

Showing : 151-160 of 317 Results