Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49 -- Juvenile - Certificate to claim juvenility not brought on record earlier - Certificate came into existence much after the completion of trial and disposal of appeal by High Court - Certificate not admissible...........
Insurance claim -- Standard Fire and Special Peril Police - Godown - Stock of all kinds of seeds - Premises of the complainant had been inspected by the agent of OPs prior to giving of insurance police - Objection of OPs that seepage had occurred due to hollow brick wall - OPs had given the insurance policy to the company fully knowing the type of construction of the..........
Tape recorded conversation -- Can be used for corroboration and also for contradiction. A previous statement, made by a person and recorded on tape, can be used not only to corroborate the evidence given by the witness in Court but also to contradict the evidence given before the Court, as well as to test the veracity of the witness and also to impeach impartiality. Apart..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession - Against co-accused - Confession made before competent officer is admissible in the trial of the maker as also against the co-accused, abettor or conspirator not only for an offence under the act but also for offence under other enactments only if the co-accused, abettor or conspirator..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898 -- Post Office Guide - Part - I, Clause 170 - Postal service - Registered envelope - Lost in transit - As per provisions contained in Clause 170 of Post Officer Guide Part I the admissible ex gratia amount of compensation to the tune of Rs. 100 was only payable for the registered post - Provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 54, 35 -- Contraband - Delay of 9 days in sending sample for analysis - Mere delay not fatal when there is evidence that seized articles remained in safe custody - FSL found sample seals intact - FSL report is admissible in evidence in its entirety in view of S.293 Cr.P.C...........
Evidence Act, 1872, Section 65, Registration Act, 1908, Section 57(5) -- Secondary evidence - Registered sale deed could not be traced in spite of search - Existence and loss of original sale deed proved - There is a presumption that a registered document is validly executed - No rebuttal to the said presumption - Held, the document in question is admissible in evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4, 6 -- Exhibiting a document - Permissible only when document is admissible in evidence - In case it is found to be not admissible, the same is to be rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Delay of 7 days in sending sample for analysis - Seals found intact and untampered - Not fatal to proseuction case. None tampered with the sample parcels, until the same reached the office of the Chemical Examiner. Above all, there is report of the Chemical Examiner Ex.P11, which clearly..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 53, 54 -- Juvenile - Proof of age - Voters list - It is a public document but entry therein is not admissible unless it is shown on what material the entry in voters list was made...........
