Evidence Act, 1872, Section 65B -- Secondary evidence - Whatsapp messages - Certificate u/s 65-B of the Act not available to authenticate said messages - Such messages of no evidentiary value as on date...........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Relevancy of judgment - Criminal and civil proceedings - Order passed u/s 19 of PWDV Act, whether interim or final shall be relevant and have to be given weight as one of evidence in civil Suit but evidentiary value of such evidence is limited - Findings arrived therein by Magistrate are although not binding on civil Court but..........
Possession -- Proof - Unregistered document which requires compulsory registration will have no precedence over the revenue documents, which otherwise have got its evidentiary value in view of provisions contained u/s 57 of Uttar Pradesh Land Revenue Act, 1901...........
Indian Penal Code, 1860, Section 394, 84, Arms Act, 1959, Section 25 -- Robbery - Plea of unsoundness of mind - No deposition was made by any witness, nor did accused himself claim any such impairment during his statement u/s 313 Cr.P.C - On the contrary, conduct of accused running away from the spot of crime as well as attempt to escape from bus, evidence an elevated..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of documents - Documents admitted in evidence without objection - Objection that documents are irrelevant and inadmissible raised at the stage when case was posted for arguments - Since the documents are already marked on admission of parties, the same cannot be demarked at this stage without considering the..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138, Ranbir Penal Code, 1989, Section 420 -- Quashing of proceedings - Dishonour of cheque - Defendant filed petition for quashing on Retirement-cum-partnership deed - It is only a fact which may be required to be proved during course of trial, whose evidentiary value..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
Evidence Act, 1872, Section 3 -- Affidavit - Evidentiary value - Affidavit of a witness with regard to facts in issue cannot be treated as a statement of deponent before Court - Such affidavit cannot be treated as `evidence' u/s 3 of the Act unless law otherwise permits it...........
Indian Penal Code, 1860, Section 302, 148, 149, 120B -- Murder - Appeal against acquittal - Deceased and accused party were at daggers drawn and they had an enmity with each other - Extra judicial confession of co-accused against accused cannot be read against him, as being of very little evidentiary value - Though blood samples of accused were taken for DNA profiling but..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 59 -- Rape of minor girl - Determination of age - Date of birth mentioned in the transfer certificate would have no evidentiary value unless the person, who made the entry or who gave the date of birth is examined...........
