Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Proof beyond pleadings not admissible...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Courts below have taken due note of the fact that much of evidence as led by defendant was beyond pleadings and therefore not admissible - Even otherwise, findings recorded by Courts below are based on correct appreciation of pleadings and evidence and are pure findings of fact which are immune from..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Extra-judicial confession - Made in presence of police officials after arrest of accused - Not admissible under law and accused cannot be convicted on that basis - Otherwise also there is no evidence on record to prove the guilt of accused, as FIR was registered but names of accused not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Encroachment by defendant - Lower Appellate Court after appreciating facts and evidence on record, not only relied upon tatima, but also considered report of Local Commissioner appointed came to conclusion that defendants encroached upon land of plaintiffs - Report of Local Commissioner which..........
Medical Council of India Act, 1956 -- Admission to Post Graduate Medical courses - Claim of weightage as admissible under Regul.9 of 2000 - Petitioners, in service doctors claimed that having rendered service in remote and/or difficult areas they are entitled for weightage under said regulation - However, there is no list of difficult and/or remote areas which can be..........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 363, 323, Protection of Children from Sexual Offences Act, 2012, Section 10 -- CCTV footage - Non-production of certificate u/s 65-B of the Act - Kidnapping and sexual assault on 5 years old girl - Two CCTV camera installed outside the house of PW8, an independent witness, were provided to police on their..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement of deceased directly connected or related to death of deceased, would fall within four corners of S.32 of the Act, therefore, is admissible in evidence...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27, 25 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of `Sabbal' (Iron rod) - Information regarding sabbal was given to police - On perusal of discovery statement, it revealed that it amounts to confession made by accused before police officer, therefore, same is hit by S.25 of..........
Criminal Procedure Code, 1973, Section 244, 245, 256 -- Warrant trial - Evidence u/ss 244, 245, 246 Cr.P.C. r/w provisions of Evidence Act, be admissible only if same is produced and in the case of documents, proved in accordance with procedure established under Evidence Act which includes rights of person against whom this evidence is produced to cross examine witnesses..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se admissible in evidence and same..........
