Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value - (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) The Court has to scrutinize the dying..........
Disputed question of facts -- Housing construction - Allegation of deficiency in service on the part of contractor - Exhaustive evidence required to be recorded - Both the parties have to produce witnesses and have to cross examine each others witness - Opinion of handwriting expert also required - This can be done in the civil Court only - District Forum held rightly..........
Criminal trial -- Statement of witness recorded 10 days after occurrence despite his availability - Before giving statement to police, witness did not divulge incident to anybody in village - It is dangerous and immensely risky to act upon such evidence to sustain conviction...........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Illegal gratification - Complainant and shadow witness improved their statements which they had earlier made at the time of investigation - Such witnesses are untrustworthy...........
Will -- Execution - Proof - Sub Registrar and scribe are not attesting witnesses - Where one attesting witness denied execution of Will and other witness not called to depose though available, execution of Will cannot be held to be proved on evidence of Sub Registrar and scribe...........
Will -- Registered - Execution - Proof - Mere registration of Will by itself does not prove execution of Will - Execution of Will to be proved by atleast examining one attesting witness if he is alive and subject to the process of law and capable of giving evidence...........
Evidence Act, 1872, Section 71 -- Will - One attesting witness examined who admitted his signatures but pleaded ignorance of its facts - Provision for proof of execution of Will by other independent evidence - Provision can be pressed into service only when both attesting witnesses deny knowledge of execution of Will - When only one attesting witness examined denies..........
Criminal trial -- Conviction on basis of testimony of sole witness - Can be based even if other eye witnesses turned hostile if testimony of such sole witness is found to be reliable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 50 -- Independent witness - Non joining - Recovery of opium - Non joining of independent witnesses is not fatal when it is chance recovery...........
Criminal trial -- Material discrepancies - Quantity of sample purchased 700 gms. whereas in complaint this quantity mentioned as 900 gms. - PW1 stated that sample was made homogeneous on a piece of paper whereas in cross examination this witness stated that sample was made homogeneous on a piece of newspaper - These are not material discrepancies as with passage of time,..........
