Age -- Proof - Horoscope - It is a very weak piece of material to prove age of a person - Horoscope can be treated as evidence in terms of Section 32 Clause (5) of Evidence Act provided it is proved to have been made by a person having special means of knowledge as regards authenticity of date, time etc. mentioned therein...........
Age -- Proof - School Record - Entry in school admission register is more authentic evidence as regards proof of age unless it is established by unimpeachable contrary material to show that it is inherently improbable...........
Age -- Proof - Oral evidence - Has utility if no documentary evidence is forthcoming - Entries in school register and admission form regarding date of birth constitute good proof of age...........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Continuous service of 240 days - Burden of proof - Fact that workmen completed 240 days of service have to be initially proved by workmen...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Seizure of opium - Proof - Independent witnesses declared hostile - It cannot be said that seizure of contraband is not proved - Seizure of contraband article can be proved from the statement of I.O...........
Indian Penal Code, 1860, Section 34 -- Common intention - Joint liability - Prosecution has to establish by evidence that there was plan or meeting of mind of all the accused persons to commit offence - Direct proof of common intention is seldom available - Intention can be inferred from the circumstances...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise decree - Recall - Premises vacated on receipt of Rs.7.50 lacs - Respondent however seeking recall of consent decree on the plea that consent was obtained under duress and coercion - Respondent alleged to be forcibly evicted on 24.12.1997 and consent terms signed on 29.12.1997 - If respondent was forcibly evicted on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 23, 25, 28, 29, 30, Indian Penal Code, 1860, Section 120B -- Opium - Recovery from truck - Conviction of registered owner of truck - Vehicle sold much earlier to recovery of contraband but registration of vehicle not changed - In absence of proof of conspiracy and control over vehicle or to show that he..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of dowry without proof of cruelty or harassment - Does not attract offence of dowry death...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49 -- Juvenile - Murder - Claim of accused that they were minor not supported by school leaving certificate, birth certificate or any other cogent proof - Plea rejected...........
