Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 NDPS - An illicit article seized from the accused during a search, which violates the mandate of S.50 NDPS cannot be used as admissible evidence of unlawful possession under the NDPS Act - However other material recovered during such a recovery may be used as relevant..........
Practice and Procedure -- Non-recording of reasons, non consideration of admissible evidence or consideration of inadmissible evidence renders the order unsustainable...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Certificate of school was produced by prosecution to prove the date of birth of victim - However, prosecution has failed to produce any document or evidence of school staff, head-master of school or school register admission form, etc., based upon which said certificate..........
Compulsory retirement -- Reduction of pension - When full pension admissible to a compulsorily retired employee u/regul 33 of Pension Regulations is reduced, a prior consultation with Board is necessary - Post facto approval cannot be a substitute of prior consultation with Board before decision is made - Even no opportunity of hearing was given by authorities prior to..........
Indian Penal Code, 1860, Section 467, 468, 201, 120B, Criminal Procedure Code, 1973, Section 162 -- Offence/Ss. 467, 468, 201, 120-B IPC - Acquittal - Statement of co-accused - Only evidence available against accused is statement made by co-accused before police - However, such statement is inadmissible as per S.162 Cr.P.C, therefore it is impermissible to rely upon..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Registration of Births and Deaths Act, 1969, Section 12, 17 -- Birth Certificate - Sexual assault - Conviction - Age of prosecutrix - As per the birth certificate on record prosecutrix was 17 years old at time of the incident - Accused alleged that birth certificate on record is not a valid document as it no..........
Registration of Births and Deaths Act, 1969, Section 12, 17, Evidence Act, 1872, Section 74, 77 -- Birth Certificate - The birth certificate issued by public officer is also a document forming the record of the act of Public Officer - Therefore, birth certificate is a public document provided u/s 74 of Evidence Act and is admissible by mere production as provided u/s. 77..........
Family Courts Act, 1984, Section 14, 20, Evidence Act, 1872, Section 122 -- Whatsapp chats - Marking as exhibits - Matrimonial dispute - (a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected; (b) merely admitting evidence on record is not proof of a fact in-issue or a relevant fact; (c) test of `relevance' ensures that right..........
Criminal trial -- Conviction on the basis of photocopies of letters - Photocopy of document in absence of original is not admissible - Accused acquitted...........
