Evidence Act, 1872, Section 3 -- Minor discrepancies - While appreciating evidence of witnesses, minor discrepancies on trivial matters cannot affect core of prosecution case - Court cannot reject evidence in its entirety...........
Evidence Act, 1872, Section 3 -- Minor discrepancies - When witness is examined in court after lapse of time, it is quite natural that there would be some discrepancies or inconsistencies in his evidence - Court must keep in mind the fact that powers of memorization, perception and narration differ from person to person - It is the totality of evidence of witnesses that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6.600 kg ganja - False implication - Search and seizure was made in presence of Gazetted officer and two public witnesses - Seizure list prepared on the spot contemporaneously lends credence to evidence of said witnesses - No motive attributed to police witnesses for false case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Recovery of 6.600 kg ganja - Conscious possession - Evidence of police witnesses corroborated by two independent witnesses together with chemical examination report proving recovery of contraband from possession of accused - Thus, possession of contraband by accused is proved by cogent, credible and..........
Evidence Act, 1872, Section 68, Proviso, Section 14 -- Denial of execution - Plea of lack of free consent to the execution of document on account of presence of any of vitiating elements contained in S.14 of Contract Act, cannot be treated as denial of execution of such a document, within the meaning of S.68 proviso of Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145 -- Dishonour of cheque - Complaint by power of attorney holder - Offence by company - Power of attorney holder gave evidence on affidavit u/s 145 of the Act by mentioning in verification clause that all facts stated in affidavit are true to his knowledge - However, cross-examination of CW1 reveals that he does no..........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 74 -- Income tax returns - Income tax returns are public documents within the meaning of S.74 of Evidence Act - There is no embargo for the Court to summon the Income Tax returns of a person...........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
Evidence Act, 1872, Section 45 -- Expert opinion - When genuineness of a document is in dispute, it is desirable that such document is examined by an expert and an opinion given thereon to aid the Court to come to a right conclusion - Though, it is always desirable to seek an expert's opinion, but eventually it is opinion of Court which is final...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 4.800 kg poppy husk - Prosecution proved its case by official witnesses - There are no lacunae in prosecution evidence - Chain of link evidence is complete - Case property remained intact throughout - There are no discrepancies in the statements of witnesses - Accused rightly convicted...........
