Evidence Act, 1872, Section 114 -- Existence of a fact - Presumption - Law gives absolute discretion to the Court to presume the existence of any fact which it thinks likely to have happened - In that process the Court may have regard to common course of natural events, human conduct, public or private business vis-a-vis the facts of the particular case...........
Evidence Act, 1872, Section 27, 114, Indian Penal Code, 1860, Section 300, Criminal Procedure Code, 1973, Section 100(5), 161, 162 -- Murder - Discovery of weapon alleged to have been used to commit crime - Discovery made as consequence of statement made by accused person in police custody - Seizure Panch who had signed seizure memo turning hostile - No ground to discard..........
Indian Penal Code, 1860, Section 489B, 489C, Evidence Act, 1872, Section 45, 114 Illus. (g) -- Counterfeit currency notes - Expert opinion - Expert not examined as a witness - Expert opinion has no evidentiary value...........
Evidence Act, 1872, Section 114 -- Adverse inference - Party not entering into witness box - Adverse inference can be drawn against him...........
Evidence Act, 1872, Section 114 -- Document if pleaded but not produced - Non production of such document would give rise to drawl of an adverse inference to the effect that had such document been produced, the same would have gone against his interest...........
Evidence Act, 1872, Section 114 -- Document if pleaded but not produced - Non production of such document would give rise to drawl of an adverse inference to the effect that had such document been produced, the same would have gone against his interest...........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for partition as adopted son - Issue of adoption - Fact that natural father though alive not examined to prove factum of adoption - Non examination does not amount to suppressing material evidence in absence of proof that examination of natural father would have been detrimental to case of plaintiff...........
Evidence Act, 1872, Section 114, 137 -- Failure to cross examine on a vital issue - Adverse inference will be drawn...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(1), Evidence Act, 1872, Section 114 -- Arrears of rent - Tenant taking plea in written statement that he had already paid the rent - Landlord did not appear in witness box to deny this fact - An adverse inference has to be drawn against landlord - No further proof was required to be produced by tenant...........
Evidence Act, 1872, Section 133, 114 -- Illustration (b) - Accomplice - Is a competent witness to give evidence - However conviction cannot be based on uncorroborated testimony of approver - Nature and extent of such corroboration depends upon facts of each case - Where confession made by approver is self exculpatory, no reliance can be placed on evidence of such approver...........
