Evidence Act, 1872, Section 32 -- Dying declaration recorded by PW10 - In examination-in-chief PW10 has not stated that doctor examined deceased before giving fitness certificate - Said doctor not examined as a witness - An adverse inference will have to be drawn against prosecution for not examining said doctor - Dying declaration discarded...........
Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Section 31(1)(b) -- Sale deed - Breach of provision of S.31(1)(b) of the Act - Proper hearing on merits was not given to appellant/purchaser before holding against him - Various issues arise in the case which would require verification and adjudication upon evaluation of evidence - Parties would..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not required to undertake a meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No amount of evidence or merits of the controversy can be examined at the stage of decision of application U.O.7.R.11 CPC...........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Vague and general allegations - Absence of specific details that constitute cruelty against appellants - Appellants not residing at marital home and appellant No.1 was not even living in India - Proceedings against appellants quashed - If any material comes on record during..........
Indian Penal Code, 1860, Section 498A -- Cruelty - One instance unless portentous, in the absence of any material evidence of interference and involvement in marital life of complainant, may not be sufficient to implicate person as having committed cruelty u/s 498-A IPC...........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Questions were put with the object of proving that prosecution case was doubtful - Causes serious prejudice to the defence of accused - Accused rightly acquitted...........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Plea that if there is prejudice then evidence of such witness can be discarded - Held, if questions would have been allowed, there was a possibility that the answers might have been relevant to discredit the..........
Evidence Act, 1872, Section 65 -- Secondary evidence - If a document is required to be stamped is not sufficiently stamped, then a copy of such document as secondary evidence cannot be adduced...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
