Indian Penal Code, 1860, Section 304B, 498A, 302, 323, 307, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Dowry death - Death by burning - Dying declaration - Deceased sustained 90% burn injuries - She in her dying declaration has stated that she is carrying pregnancy of eight months, but no such pregnancy was found in the medical evidence -..........
Karnataka Stamp Act, 1957, Section 34, 37(2) -- Deficient stamp duty - Imposition of penalty to the extent of ten times - Appellant agreed to pay proper/sufficient stamp duty and penalty on certified copy of agreement to sale - In other words, appellant having invited Court to decide u/s 34(1) of the Act, cannot now express the willingness to exercise the option u/s 37(2)..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - Cannot be admitted in evidence in the absence of requisite stamp duty and penalty being paid and certified by Collector...........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
Expeditious disposal of case -- Suit not decided within ten months inspite of direction by Appellate Court - Direction issued to trial Court to decide the suit finally within a period of one year from the date of receipt of certified copy of order of High Court...........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - No evidence is on record to the effect that procedure prescribed u/s 52-A(2), (3) and (4) of the Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by Magistrate - No evidence..........
Registration Act, 1908, Section 71 -- Refusal to register sale deed - Non-production of original parent document - Registrar cannot refuse to register document merely on the ground of non-production of original parent document - He can very well verify the certified copy and other documents produced by petitioner...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copy of sale deed - When no factual foundation giving reasons for not producing primary evidence is laid by plaintiff, certified copy of sale deed cannot be read in evidence as secondary evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
