Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Evidence showing that prosecutrix was above 18 years of age at the time of incident - Prosecutrix swore an affidavit attested by notary public admitting her marriage with the accused - It cannot be said that affidavit was procured at gun point - Prosecutrix and accused are from the same village and were in..........
Evidence Act, 1872, Section 62, 63 -- Affidavit - Original affidavit not produced - Permission to prove affidavit by way of secondary evidence not sought - Even otherwise affidavit not proved in any manner - Held, affidavit cannot be relied upon...........
Civil Procedure Code, 1908, Order 18, Rule 4, 1 -- Recording of evidence - Filing of affidavit evidence - Object of - Held, O.18.R.4 of CPC requiring parties to file affidavit as it caters to convenience of the parties and is aimed at expeditious disposal of cases - Procedure for adducing evidence in examination-in-chief as provided U.O.18.R.4 of CPC cannot defeat rule of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 1 kg. - Sub Inspector deposited the sample and case property with the MHC - Affidavit of MHC that Sub Inspector deposited with him sample parcel along with sample seal - The fact of depositing remaining case property conspicuously missing in his affidavit - No explanation coming as to..........
Insurance claim -- Repudiation - Suppression of material fact - At the time of revival of Insurance Policy - Held that the revival of the Insurance Policy is a fresh contract entered into between the parties and the insured files a fresh declaration stating therein about his/her state of health - The life assured had not disclosed about the treatment which he had taken..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Pre cognizance evidence by way of affidavit - S.200 Cr.P.C. for taking cognizance of case under general criminal law cannot be made applicable to take cognizance of offence u/s 138 of the Act - U/s 145 of the Act evidence of complainant by way of affidavit is receivable in evidence instead of..........
Medical negligence -- Heart surgery on complainant no.1 who was born with heart disease of congenital cyanotic, luminary blood flow, TGA with intact IVS with small ASP - Contention that during surgery his eyes were not closed therefore the complainant developed dried eye and corneal ulcer in the right eye and its treatment was started late - Affidavit file by OP No4,..........
Medical negligence -- Heart surgery on complainant no.1 who was born with heart disease of congenital cyanotic, luminary blood flow, TGA with intact IVS with small ASP - Contention that during surgery his eyes were not closed therefore the complainant developed dried eye and corneal ulcer in the right eye and its treatment was started late - Affidavit file by OP No4,..........
Railways -- Theft of cash and valuables - There was no evidence that any unauthorized person entered the compartment - In fact complainant-respondent has not made any such specific allegations in the written complaint/affidavit - No dereliction of duty or deficiency of service on the part of the railway staff - Respondents did not take due precautions and carried the..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Permission to lead secondary evidence sought on the ground that neither the original agreement is in their possession, nor same is traceable - Application seeking permission to lead secondary evidence not supported by any affidavit of petitioners - Held, mere averment in the application that original agreement is not..........
