Evidence Act, 1872, Section 27, 25 -- Disclosure statement - Disclosure statement and recovery of gun and cartridges at the instance of accused have been questioned by accused as the same was made while accused was in custody - S.27 of Act is in the nature of an exception to S.25 of Act - Since disclosure statement had resulted in recovery of gun and cartridges, there is..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Non-examination of eye witness - Examination of such eye witness would not have strengthened the case of prosecution any further when two other eye witnesses were examined and their testimonies are reliable and natural - Emphasis of Courts has always been to look to quality of evidence and not..........
Evidence Act, 1872, Section 27 -- Joint disclosures - Information should be given without any break and almost simultaneously to avoid criticism from the stand point of credibility and nexus with recovery - Admissibility and credibility are two different aspects - Whether and to what extent such a simultaneous disclosure could be relied upon by court is really a matter of..........
Prevention of Terrorism Act, 2002, Section 3, 4, 5, 21, 22, 50, Explosive Substances Act, 1908, Section 3, 4, 6, Indian Penal Code, 1860, Section 302, 307, 121, 153A, 120B, Arms Act, 1959, Section 27 -- Murder - Attack on Akshar Dham Temple - Sanction for prosecution was not valid under POTA on account of no, application of mind - Even, confessional statements of accused..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 114, , Section 27 - - Ex parte decree - Setting aside - Presumption of service of summons - Summons were not sent through post as such presumption of service u/s 114 Evidence Act and S.27 General Clauses Act cannot be raised on the basis of endorsement of refusal by process server - Held, in absence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Evidence Act, 1872, Section 27 -- Recovery of opium - Disclosure statement which has not culminated in recovery of material object would be of no use during course of trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 27 -- Quashing of FIR - Recovery of opium - No reference made by co-accused about involvement of petitioner - Except disclosure statement of co-accused u/s 27 of Evidence Act, there is no incriminating evidence available on..........
Evidence Act, 1872, Section 27 -- Confessional statement - Admissibility - Held, statement of accused so far as it relates to giving of information regarding hiding of sickle and recovery of same can be taken into account to prove truth of incident and to prove statements of other witnesses which corroborated same...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Second appeal - Plaintiffs had moved an application for leading additional evidence before first appellate court however, they did not raise any argument before first appellate court on basis of facts, as mentioned in application for leading additional evidence - In instant appeal..........
Evidence Act, 1872, Section 27, 8 -- Disclosure statement - Admissibility - Recovery of skeleton of deceased on the basis of disclosure statement made by accused that he had buried dead body in his house - Held, assuming that recovery of skeleton was not in terms of S.27, on premise that accused was not in custody of police by time he made statement, statement so made by..........
