Evidence Act, 1872, Section 61, Civil Procedure Code, 1908, Order 12, Rule 2, Civil Procedure Code, 1908, Order 13, Rule 4 -Contents of documents - Should be proved either by primary or by secondary evidence - Admission of a document - Amounts to admission of contents but not its truth - Documents having not been produced and marked as required under the Evidence Act..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 49, Evidence Act, 1872, Section 35 -- Juvenile - Claim of juvenility - Proof - Entry of date of birth in school record i.e. admission form and transfer certificate - Not relevant for purpose of S.35 Evidence Act as entry is not made in any public or official register and is not made either by a..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8 -- Resumption of plot - A plot measuring 7-1/2 marla allotted to petitioner for Rs.33, 600/- in the year 1977 - Petitioner paid Rs.3, 400/- on first auction and thereafter various amounts sent to respondent from time to time as per directions of appellate authority - Amount retained by the Administration..........
Criminal Procedure Code, 1973, Section 107, 151 -- Statements in proceedings u/ss 107/151 of Cr.P.C. - Evidentiary value - Statements were recorded on oath - Held, same can be considered to be a persuasive piece of evidence which has a high plausible content and such admission necessarily ought to be held against defendant, more-so when his stand regarding ownership of..........
Medical negligence -- Expert opinion - In his evidence admission by RW1 that the patient was not treated for malaria whereas the findings of Hospital shows that smear for malaria parasite was positive - There was thus a definite indication of malaria - Though the Widal test was conducted for Typhoid and it was found negative yet the patient was treated for Typhoid and not..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 35, 114 -- Rape - Age of prosecutrix - Date of birth entered in elementary school records - No conclusive proof about correctness of date of birth in the absence of evidence of either the parents or any other relative, who gave information at the time of admission in the elementary school...........
Civil Procedure Code, 1908, Section 100(5) -- Proviso - Court can formulate substantial question of law when appeal is filed containing substantial question of law in the memorandum of appeal - Duty of court to formulate substantial questions of law comes subsequent to the filing of memorandum of appeal and not otherwise - The word `other' used in the proviso denotes in..........
Evidence Act, 1872 -- Criminal trial - Admission - Admission of any incriminating fact is not an admission of guilt...........
Admission and Confession -- Difference - Where a statement of a person merely contains an admission of a fact which may be relevant, but no admission of guilt or of a part constituting the offence, it would only be an admission and not a confession...........
Evidence Act, 1872 -- Admission - To be competent and to have the value and effect should be clear, certain and definite and not ambiguous, vague or confused...........
