Registration Act, 1908, Section 49 -- Proviso - Agreement to sell - Registration - Suit for specific performance - Unregistered agreement to sell is admissible in evidence in a suit for specific performance falling in exception clause of S.49(c) of the Act...........
Registration Act, 1908, Section 49 -- Un-registered document - Admissibility - Suit for declaration - Un-registered documents are basis of suit and possession was transferred by these un-registered documents - Said documents are not admissible in evidence as per S.49 of the Act - Trial Court rightly disallowed documents in question on account of inadmissibility...........
Evidence Act, 1872, Section 65B(4) -- Electronic evidence - Without any appropriate certificate u/s 65-B(4) of the Act is not admissible and must be eschewed...........
Will -- Proof of - No condition in S.63 of Succession Act, of affixing signature by attesting witness on direction of testator, much less as a mandatory requirement has been held to be necessary to make Will admissible in evidence...........
Criminal Procedure Code, 1973, Section 161 -- Statement given by an accused to police u/s 161 Cr.P.C. is not admissible as evidence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband - Compensation - Claim of compensation by wife on account of love and affection as well as on account of spousal consortium for wife and parental consortium for the children - Compensation under head on account of loss of love and affection is not permissible but compensation on account of spousal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 27 -- Confessional statement of accused - Not admissible in evidence against a co-accused - However, confessional statement made by an accused in custody of police which leads to discovery of a fact is admissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 37 -- Recovery of 32 kg 960 gms charas - Order of framing of charge - Accused implicated on basis of confessional statement of a co-accused which is not admissible in evidence - He is owner of truck - Statement of co-accused to the extent it relates to recovery of charas that had been concealed inside..........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Evidence Act, 1872, Section 26 -- Confession - Recorded before Executive Magistrate - Not admissible as same ought to have been recorded before Judicial Magistrate...........
