Civil Procedure Code, 1908, Order 13, Rule 4, 6, 7 -- Marking of document - Mere marking of a document as an exhibit does not dispense with proof thereof - Admissibility of a document has to be tested at the stage of evidence - Document if inadmissible, cannot form part of record and shall be returned to person producing them after being rejected as admissible...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - Not admissible in evidence, except for limited purpose as provided in S.157 of Evidence Act...........
Evidence Act, 1872, Section 138 -- Cross examination - Evidence of a witness which has not undergone the "test of cross examination" is not legal and admissible evidence complying with the basic principles of natural justice...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of pronote and receipt - Recovery suit - Pronote and receipt not proved on record as per provisions of Ss.63, 65 of the Act and photocopy of documents have no evidentiary value in eyes of law - Plaintiff stated that documents in question were lost but no complaint registered after missing of said documents -..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 377, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Further investigation - Narco-Analysis/Brain Mapping Test - Unnatural offence - Evidence recorded in course of Narco Analysis Test is not admissible evidence and it will be hazardous situation to permit any accused to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of a document - Admissible as secondary evidence only if it is proved to be genuine - Genuineness is to be proved either by examining the person concerned who prepared the report or by some other evidence...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Relations between deceased and accused were not cordial - Deceased was found dead in the dwelling house where she was residing with accused and were also last seen together with him - No explanation given by accused as to how deceased sustained injuries - More so, accused remained..........
Evidence Act, 1872, Section 27 -- Disclosure statement - If accused himself is informant of cognizable offence or gave a confession admissible to a limited extent u/s 27 of Evidence Act or made extra-judicial confession before an independent person, in such event, statement made in FIR or extra judicial confession or confession made to police, can be to the extent it is..........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Purchase of property jointly by three persons - Shares not prescribed - Agreement executed on the same day indicating respective shares - After seven years a map disclosing shares in the property as per agreement - Agreement and map unregistered and unstamped - It is in effect a deed of partition with..........
Stamp Act, 1899, Article 47A -- Agreement to sell - No recital as to delivery of possession - Agreement does not fall within the mischief of S.47-A of the Act - However, possession delivered, vide a letter executed by defendant in favour of plaintiff pursuant to agreement to sell - Held, letter falls under Article 47-A of the Act because delivery of possession was effected..........
