Indian Penal Code, 1860, Section 397, 450, Evidence Act, 1872, Section 114 -- Stolen property recovered from possession of appellant - Held, Court is justified in using the presumption raised u/s 114 of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114 -- Poppy husk - Recovery of - Only independent witness won over and given up - No adverse inference can be drawn...........
Evidence Act, 1872, Section 50, 114 -- Marriage - Act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114(g) -- Seal after use was handed over to a constable who has not been examined - Adverse inference drawn against the prosecution under S.114(g) of the Evidence Act...........
Evidence Act, 1872, Section 114(e), Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment - Judge deals with only those points which are raised at the time of arguments - A point not dealt with in the judgment is presumed to be not pressed at the time of arguments though pleaded - This is a rebuttable presumption - In case of a grievance that a point was pressed but not..........
Evidence Act, 1872, Section 133, 114(b) -- Accomplice - Corroboration - Need not be direct evidence that the accused committed the crime - It is sufficient if there is merely a circumstantial evidence of his connection with the crime...........
Evidence Act, 1872, Section 133, 114(b) -- Accomplice - Evidentiary value - Accused can be convicted on the basis of uncorroborated testimony of an accomplice but the rule of prudence require that an accomplice does not generally deserve to be believed unless corroborated in material particulars - There must be some additional evidence rendering it probable that the story..........
Evidence Act, 1872, Section 114(g), Civil Procedure Code, 1908, Order 20, Rule 5 -- Fact stated in judgment as to what transpired at the hearing is conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence - If facts so stated are not correct then it is incumbent upon the party to call the attention of the very Judges, who..........
Evidence Act, 1872, Section 67, 114, General Clauses Act, 1897, Section 27 -- Service of notice - Proof - Onus to prove - Notice sent through registered cover - Returned with endorsement/report 'unclaimed' - Report of postman is in discharge of his official duties - Report carries presumption of correctness - Postman not required to be examined to prove the endorsement -..........
Evidence Act, 1872, Section 114 -- Notice - There is presumption that when an Advocate sends a notice on behalf of a client, the notice is sent by him on instructions from his client...........
