Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Admissibility in evidence - Conversation which wife thought or experienced is not barred from being disclosed - Conversation which wife told to husband is also not barred - However, wife is debarred from disclosing conversation which husband made to wife, without consent of husband -..........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Use of words "any communication" means that bar in S.122 of the Act applies to disclosing all kinds of communication and not just private/confidential communication - Communication may also be oral or written or sign language...........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Admissibility in evidence - Bar u/s 122 of the Act is limited to disclosing of communications made to that spouse but is not attracted for acts that were seen by spouse or experienced by spouse...........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Admissibility in evidence - Bar from disclosing under the provision applies to the spouse to whom the communication was made and not to the spouse who made the communication - For example, if X and Y are married, then X cannot disclose what Y told to her and Y cannot disclose what X told..........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Closure of evidence of complainant - Revision - Order to close evidence of complainant after giving him several opportunities is an interlocutory order as the same does not finally decide rights and liabilities of parties but rather only settles some..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Second handwriting expert - Report of Forensic Expert on record and not set aside - Application dismissed by holding that there is no necessity to send signatures for comparison to another Forensic Expert - Order upheld...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Claimant was a skilled mason - Doctor who was examined before Tribunal had specifically deposed that appellant was unable to sit down and walk and could not lift heavy weights - He was also said to be in constant pain - Evidence of doctor would indicate that he could not have..........
Evidence Act, 1872, Section 112, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA test - Paternity of child - Husband filed petition for nullity of marriage and to declare that husband is not a biological father of child - Only source available to husband to prove paternity of child is to conduct DNA test - Application allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where the concurrent findings of facts based on appreciation of oral and documentary evidence of two Courts below are on record, no substantial question of law arises in the matter - Second appeal dismissed in limine...........
