Evidence Act, 1872, Section 32 -- Dying declaration - History of accident burns given to doctor - Statement to the doctor is also a kind of dying declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - It is not necessary that a dying declaration shall necessarily be recorded in question and answer form or in any particular format...........
Evidence Act, 1872, Section 32 -- Dying declaration - History narrated to doctor creating doubt in the dying declaration - While giving statement to doctor of accidental burns, there was no pressure or coercion either from the accused or his relatives upon the deponent - Medical case papers collectively marked as Exh.26 proved by doctor - The same can be read in evidence -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising jurisdiction u/s 482 Cr.P.C, High Court should not ordinarily embark upon an enquiry into whether there is reliable evidence or not - Jurisdiction has to be exercised sparingly, carefully and with caution only when such exercise is justified by specific provisions of S.482 Cr.P.C..........
Prevention of Money Laundering Act, 2002, Section 3, 4 -- Offence u/ss 3, 4 of the Act - Quashing of proceedings - FIR with respect to schedule offence registered by CBI with respect to proceeds of crime including property attached has been closed due to lack of evidence - Chances to prove allegations even for the purpose of provisions of PMLA in Court are bleak -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Deceased died within seven years of marriage - She completely absolved all the accused in her suicide note - None of witnesses from family of deceased raised any objection to genuinity or trustworthiness of said suicide note - No physical injury found on the body of deceased except ligature marks found to show..........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Suit for declaration by plaintiff claiming himself to be legal heir of a missing person, Court can take presumption of death of a missing person u/s 108 of Evidence Act...........
Evidence Act, 1872, Section 108 -- Presumption u/s 108 of the Act - Would be raised in any proceeding...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant did not remember date, month and year of advancing loan - Complainant not aware as to who made the entries of amount, name of accused and year in the cheque - No documentary evidence of advancing loan - Accused from the very beginning denied of receiving loan amount -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
