Evidence Act, 1872, Section 154 -- Hostile witness - To prevent witnesses from turning hostile, it is to be ensured that witnesses are examined in such a manner that their statement are recorded at earliest and they should be assured full protection...........
Evidence Act, 1872, Section 154 -- Hostile witness - Statement of hostile witness can also be examined to the extent which supports the case of prosecution...........
Evidence Act, 1872, Section 26, 25 -- Confession - Expression `Magistrate' appearing in S.26 of the Act would mean only a Judicial Magistrate and not an Executive Magistrate - Confession recorded by police in presence of Executive Magistrate is hit by Ss.25, 26 of Evidence Act...........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Factum of plaintiff being in possession of suit property within 6 months prior to date of dispossession not proved by any cogent evidence - However, evidence on record proved that defendants are in possession of suit property - Suit of plaintiff for recovery of possession rightly dismissed...........
Employee's Compensation Act, 1923, Section 30 -- Once insurance company has not deposed so as per its affidavit by way of evidence, in such a case that driving license may in fact turn out to be fake will not exonerate insurance company...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof and onus of proof - Distinction - Legal burden never shifts, but onus of proof that is burden to introduce evidence shifts from side to side during course of trial...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 101, 102 -- Issues - Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce evidence on those issues or reserve it by way of answer to the evidence produced by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c), 15(b) -- Nature of offence - Recovery of 6.600 kg. poppy straw - Seizure officer or I.O did not follow procedure of S.52-A of NDPS Act - Evidence of seizure officer cannot be accepted for the entire seized contraband i.e 18 quintals of poppy straw, as prosecution did not give any primary evidence of..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Recitals in the document are specific that vendor was in need of money to run the vehicle purchased by him on hire and was selling the shop to raise money for this purpose - Said recitals in the document are self explanatory and did not evidence any mortgage..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - As per material on record, it is apparent that alleged place of occurrence and manner of occurrence is doubtful - Even, evidence of all the witnesses are full of contradictions and their credibility has been dented during the course of..........
