Evidence Act, 1872, Section 27 -- Discovery of fact - Statement of accused leading to recovery of dead body made while he was in custody, though, at that time some other persons were also present in police station - Held, recovery of dead body is a fact which is admissible in evidence u/s 27 of the Act...........
Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C - Certified copy of statement recorded u/s 164 Cr.P.C. - Held, recorded statement u/s 164 Cr.P.C. cannot strictu sensu, be said to be a mere statement during investigation which could be treated as part of the case diary - No person who is entitled to copy of statement u/s 164 CrPC could be..........
Constitution of India, 1950, Article 136 -- Concurrent findings - Special leave petition - Interference - Held, when evidence is legally admissible and has been appreciated by Courts in its correct perspective then merely because another view is possible, this Court, in exercise of its powers u/Art. 136 of the Constitution, would be very reluctant to interfere with the..........
Transfer of Property Act, 1882, Section 53-A, Registration Act, 1908, Section 49 -- Agreement to sell - For purposes of claiming right u/s 53-A of T.P., Act, agreement to sell is required to be registered - Unregistered agreement to sell not admissible in evidence in view of S.49 of the Act of 1908...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Original sale deed being more than 30 years old could be per se admissible in evidence, but its certified copy is not per se admissible in evidence - In present case, original sale deed has not been produced nor its execution has been proved, therefore, certified copy of sale deed is not admissible in evidence without..........
Registration Act, 1908, Section 49 -- Proviso - Unregistered sale deed - Admissibility - Suit for declaration of title through adverse possession and for recovery of possession - Plaintiffs through sale deed sought to prove only possession - No other aspect arising out of said document much less title sought to be relied upon by plaintiff - Thus, unregistered sale deed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Defendants did not deny existence of orders sought to be produced by plaintiff - Certified copies of orders are per-se admissible in evidence - Orders are inter parties and have bearing on merits of suit - Held, ends of justice would be met if proposed additional evidence is allowed on payment of costs..........
Evidence Act, 1872, Section 26 -- Extra-judicial confession - Made to a Doctor while in police custody - No police official was standing near accused at the time of making extra-judicial confession - It cannot and shall not detract against the fact that he continued to be in custody of police officer - Held, so-called confession is not admissible in evidence...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Registration Act, 1908, Section 17,49 -- Rent Deed - Registration - Rent note for a year or exceeding a year or reserving yearly rent requires registration and is not admissible in evidence, if it is not registered...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Transfer of Property Act, 1882, Section 107,111, Registration Act, 1908, Section 17,49 -- Rent Deed - Registration - If document is signed by both parties and is attested by witnesses, then said document cannot be termed as `rent note' but falls within the purview of Ss.107 & 111 of TP Act - It is a lease deed and..........
