Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304(Part II) -- Dying declaration - Culpable homicide not amounting to murder - Deceased stated that when he was standing on the road, a person had come from road in his direction and threw chilly powder in his eyes and thereafter assaulted him with a knife in the stomach - Assailant was wearing a black..........
Evidence Act, 1872, Section 90 -- Sale deed - 30 years old - Certified copy of sale deed - Sale deed itself never produced in the case - Conditions enumerated u/s 90 of the Act not satisfied - Presumption u/s 90 of the Act not available...........
Evidence Act, 1872, Section 90 -- Sale deed - Thirty years old document - Presumption - Document in question is actually certified copy of sale deed and not sale deed itself which was never produced in Court - Conditions enumerated u/s 90 of the Act, cannot be said to be satisfied - Presumption u/s 90 of the cannot be available in the case - Even otherwise, factum of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Once original document has come on record irrespective of the fact that which party produced the same, the Court cannot record a finding that since only certified copy has been produced, but no permission for secondary evidence has been obtained, therefore, document cannot be read in evidence...........
Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B(4) -- CD produced in absence of certification u/s 65-B(4) Evidence act - Admissibility - In view of overriding effect of S.14 of Family Court Act on rules of admissibility in Evidence Act, CD produced before Family Court is admissible in evidence, despite the fact that it was not certified as mandated by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Transportation of 3563.28 kgs Ganja - Non-production of entire consignment of ganja in Court - Search and seizure of ganja from accused was duly proved - Neither entire consignment of ganja nor 186 polythene packets were produced in Court - However, Magistrate deposed that he duly certified entire..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same are always available -..........
Evidence Act, 1872, Section 90 -- 30 years old document - Sale deed - Presumption u/s 90 of the Act - Original sale deed was tendered only at stage of rebuttal - No such sale deed was produced in affirmative evidence - It was not a case of leading secondary evidence by plaintiffs - Presumption does not apply to copy or certified copy even though 30 years old - If due..........
Service -- Misconduct - Punishment - Addition of new ground i.e `break in service' by way of punishment in Clause 16 of Chapter of Punishment in Certified Standing Orders - Permissibility - Permission rightly denied by Division Bench for the following reasons: (i) existing grounds enumerated in Clause 16 are sufficient to take care of any misconduct committed by any..........
Evidence Act, 1872, Section 63 -- Secondary evidence - Photostat copy neither certified copy nor copy made from original by mechanical processes which ensure accuracy of copy - Photostat copy cannot be termed as secondary evidence...........
