Registration Act, 1908, Section 17 -- Registration - Unregistered gift deed - Mohammadan law - Gift deed executed by Mohammedan is not the instrument effecting, creating or making gift but a mere piece of evidence and deed is in the form of declaration by donor, which does not require registration and is admissible in evidence, particularly when all the three essential..........
Evidence Act, 1872, Section 25, 26 -- Confession - Voluntarily statement of accused in police custody admitting his guilt - Not admissible in evidence, being hit by Ss.24, 25 of Evidence Act, particularly, when no recovery u/s 27 of the Act was claimed...........
Evidence Act, 1872, Section 65B -- Call details - Non-production of certificate u/s 65-B of the Act - Call details so produced would not be admissible in evidence...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 119 -- Murder - Sole testimony of deaf and dumb witness - Credibility - Trial Court before recording statement of PW12, neither made any effort to ascertain prelims like his intelligence, understanding of oath, capacity to communicate by writing nor made any arrangement for an expert and proceeded to record..........
Indian Penal Code, 1860, Section 302, 404, 411 -- Murder - All PWs except PW9 turned hostile - Even witness of recovery also not supported prosecution case - Even, testimony of PW9 is no testimony in eyes of law, as he was not subjected to cross-examine, thus, it cannot be taken into consideration to hold accused guilty of charges framed against him - Prosecution failed to..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision gives a party a right to interrogate with a view to obtaining an admission from opponent of everything which is material and relevant to the issue raised on the pleadings - Object is to obtain an admission from the opponent which will make the burden of proof easier than it otherwise would have..........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv) -- Adoption - Validity - Plaintiff was more than 15 years when adoption took place as per his school admission register - School admission register is admissible in evidence, as entry in said register has a presumptive value with regard to age and entry - Description of age in heading of deposition or cause title..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Confessional statement made before police which distinctly relates to discovery of a fact may be proved u/s 27 of the Act - However, it is only that part which distinctly relates to discovery which is admissible...........
Indian Penal Code, 1860, Section 376, 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Conviction - Appreciation of evidence - Age of prosecutrix - On the basis of school certificate, trial Court concluded that prosecutrix was minor at the time of incident though she was a consenting party in respect of..........
Evidence Act, 1872, Section 32, 157 -- Dying declaration - Conviction can be based on basis of dying declaration - However, if person making dying declaration survives, then such statement will not be admissible u/s 32 of the Act rather such statement may be admissible u/s 157 of the Act...........
