Evidence Act, 1872, Section 90 -- Statutory presumption to 30 years old document - Not available to a certified copy of a document which is more than 30 years old...........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement given by deceased to his son and the complaint given by him to police - It can be treated as dying declaration...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Son of deceased informed police/PW1 about the attack upon his father - Compliant was given by deceased to Sub-Inspector of Police in which names and overt acts of attacker clearly set out - Motive of occurrence also narrated - Immediately thereafter, deceased told..........
Will -- Execution - Proof - It is execution of Will which is to be proved and not the contents of it - Evidence of attesting witness who stated that he put his signature at the instance of scribe and did not read the contents of Will cannot be disbelieved. (Evidence Act, 1872, S.68)...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - There is unexplained delay of 8 months in presenting case property before CJM - Even case property was presented in the absence of accused - There is no evidence that in the intervening period it was kept intact and seals were not tampered - Even, there is no..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband and wife stayed together till 2005 and child born in 2006 - Such circumstances satisfy necessary ingredients to draw presumption u/s 112 of the Act - However, said presumption is rebuttable - DNA test report is categorical that husband is not the father of child - Wife not contested the said report..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Child witness - Credibility - Accused/wife alongwith her lover killed her husband with axe and hammer - Only eye-witness was his minor daughter - Evidence of child witness found to be doubtful and contradictory - Her evidence not corroborated by medical evidence - Recovered articles not..........
Evidence Act, 1872, Section 65B -- Electronic record - Admissibility - Any kind of digital evidence in the shape of data retrieved from a computer/electronic equipment can only be admitted if it satisfies conditions laid down in S.65-B of the Act...........
Evidence Act, 1872, Section 65B, 45 -- Electronic record - Admissibility - Compact Disc (CD) - Petitioner seeks to rely upon data recorded on a CD without there being any evidence regarding source from which it is recorded - In absence of said source i.e DVR and also evidence to the effect that same was being maintained regularly and was not tampered with, data recorded in..........
Indian Penal Code, 1860, Section 409, 477A, 120B, Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2) -- Misappropriation of 540 bags of fertilizers (Urea) - Complaint lodged alleging misappropriation of only 540 bags of urea but investigation revealed that entire 1040 bags of urea was misappropriated - It is specifically alleged that accused conspired with criminal..........
