Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court exercising revisional jurisdiction should be loath in interfering with the findings of Courts below, unless there are glaring illegalities or improprieties committed by such Courts - As regards appreciation of evidence, it is not possible to unsettle findings of Courts below, unless it is shown that there..........
Bankers' Books Evidence Act, 1891, Section 4 -- Certified copy of a document issued by a Bank is itself admissible under the Act without any formal proof thereof...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Double murder case - Disclosure statement - Recovery of dead bodies of deceased - Place from where dead bodies were recovered was known to police - Consequently, it cannot be said that there was discovery by accused of place where dead bodies were kept - Part of statement of..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Names of accused had transpired only when two of them were arrested by police in connection with secret information of they being in possession of fire-arms - Accused were arrested on suspicion and from their possession firearms were recovered - It was only after their arrest that PW1 stated that she had seen..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Report filed by commissioner is always subject to evidence of parties and is admissible in evidence - Commissioners are competent witness and they may be called for evidence during the trial, if desired by any party to suit and other party will always have an opportunity to cross examine them...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused filed an application u/s 391 Cr.P.C for proving an agreement on the ground that said agreement was not traceable when trial was going on - He availed as many as 27 effective opportunities to lead his defence evidence - No reason has been assigned in the application for delay in..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Recovery of tangia/axe - Recovery effected at the instance of accused is per se not admissible, as same was made in police station - PW8 not supported the recovery of weapon of offence at the instance of accused - Evidence of I.O. and PW5 regarding recovery is inconsistent - Recovery..........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 57(5) -- Registered sale deed - Certified copy of sale deed is a copy of registration entry which is itself a copy of original and is a public document u/s 74(2) of Evidence Act - S.57(5) of Registration Act, makes it admissible in evidence for proving the contents of its original...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of Kanungo with revenue record - Entries in jamabandi are per se admissible in evidence - There is no need to put the entries in jamabandi to witness - No explanation as to how revenue record to be put to witness is necessary when same has not been proved while leading evidence in affirmative - Application rightly..........
