Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Statement of wife to PW while she was alive would not fall u/s 32(1) of Evidence Act, so as to become admissible, since cause of death does not come up for consideration in prosecution u/s 498-A IPC...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for possession by way of specific performance and permanent injunction - Documents proposed to be tendered in evidence include certified copies of jamabandies - These jamabandies can certainly be tendered being per se admissible - However, with regard to notarized photocopy of sale deed, these..........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Plea that document was never intended to be acted upon and document is a sham - Such question arises when one party asserts that there has been a different transaction altogether than what is recorded in the document - It is for that purpose oral evidence is admissible...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
Criminal Procedure Code, 1973, Section 293 -- Report of FSL is a public document and is admissible in evidence - There is no requirement to call Director of laboratory to get report proved...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Admissible if substantial question of law is involved which is distinct from a mere question of law...........
Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 380, 457 -- Confession before police - Offence u/ss 380, 457 IPC - Accused had not made any disclosure statement u/s 27 of Evidence Act - He confessed to the police his guilt after the I.O interrogated him - Such confession is barred u/s 25 of Evidence Act and cannot be legally admissible and has to be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff by way of application U.O.41.R.27 CPC prays for permission to produce on record a report made by a Patwari to prove that plaintiff is in possession of suit property along with a copy of lay out plan - Mere report does not prove possession - Said report even not per se..........
Evidence Act, 1872, Section 6 -- Res gestae - Sexual harassment - Statement of victim u/s 164(5) Cr.P.C immediately after the incident before Magistrate is evidence of res gestae and is relevant u/s 6 of the Act and is admissible in evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - Prosecution stated that deceased has illicit relationship with cousin sister of accused, which drived accused to commit murder of deceased - However all statements made by PWs including PW4 are hearsay evidence which are not admissible in evidence - No witness stated that they have direct..........
