Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161 -- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........
Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 32(1) -- Offence u/s 304(Part II) IPC - Deceased had acid injuries as well as bomb blast injuries - He lost his eye sight and lost his right foot in acid attack - Injuries on the body of deceased fully support the prosecution case - Statement made by deceased u/s 161 Cr.P.C is admissible u/s 32 of..........
Evidence Act, 1872, Section 157 -- Statement of witness - Rape case - Evidence of mother of victim which is disclosing narrations by victim child regarding incident and that too soon after incident implicating accused as perpetrator are relevant and admissible u/s 157 of the Act...........
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 9 years old minor girl - Serologist report - It is expert opinion u/s 45 of Evidence Act and therefore, admissible in evidence without being marked an exhibit formally or being proved by oral evidence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband - Mental cruelty - Wife suffering from schizophrenia - Doctor examined wife, unable to depose in Court due to illness - Medical report admissible u/s 32 of Evidence Act - Medical report reveals that due to her mental illness, she is not able to cohabit with her husband which caused mental..........
Evidence Act, 1872, Section 65, 76, 77 -- Secondary evidence - Certified copies of documents submitted before public authorities are covered within definition of public document u/s 76 of the Act and thus, admissible in evidence u/s 77 of the Act, without calling either for original or witness concerned - Contention of defendant that said documents are in the nature of..........
Evidence Act, 1872, Section 35 -- Public document - Birth certificate issued by Registrar (Births and Deaths) is an official document which is admissible in evidence u/s 35 of the Act - It is a public document prepared by a public servant in discharge of his official duty and presumption of correctness is attached to it...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Due execution - Sale deed is not required to be attested by two attesting witnesses - Marginal witnesses are not mandatory for execution and registration of sale deed - Once sale deed has been executed, unless executant disputes its execution, such sale deed is admissible in evidence - For proving..........
Service -- Post of Lecturer - Pay scale - Delay and laches - Issue regarding pay scale agitated before different authorities and alleged delay in filing writ petition cannot stand in way of appellant getting benefit for services - Relevant pay scale will entitled her to emoluments which were admissible to her for work already performed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Contraband - Confessional statement of co-accused cannot be treated as evidence against other accused except in cases where there is a specific provision in law making such confession of a co-accused admissible against other accused...........
