Evidence Act, 1872, Section 3 -- Admissibility of evidence - Evidence cannot be refused to be admitted on the ground that it had been obtained illegally...........
Evidence Act, 1872, Section 65B, 3 -- Telephonic conversation - Admissibility - Whether telephonic conversation between two accused person was intercepted or not and whether it was done legally or not would not affect the admissibility of recorded conversation in evidence against accused...........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Complainant failed to lead evidence supporting her allegations against accused - Magistrate went through the entire records of case and passed a reasoned order holding that there is no sufficient ground to proceed against accused - Order dismissing complaint is proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Evidence produced by accused has no bearing on the merits of case - Accused even cannot deny the fact that though defence evidence was closed by trial Court but revisional Court granted three opportunities to accused to..........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 75E, 151 -- Annulment of marriage - Status of potency - Medical test - Denial of marriage - Matrimonial Court has power to order a person to undergo medical test - It cannot be contended that relief cannot be granted in the present merely because marriage was denied...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Evidence of witnesses on behalf of complainant shall be permitted to be taken on affidavit for conduct of inquiry u/s 202 Cr.P.C. - In suitable cases, Magistrate can restrict inquiry to examination of documents without insisting for..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Not comparable with signatures on written statement and/or vakalat executed in the same suit...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Contentions/objections of applicant can be decided only on merits by examining both oral and documentary evidence at length and only then it can be ascertained whether contentions/objections of applicant are correct or not - Rejection of application calls for no interference...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused allegedly made extra judicial confession before Village Administrative Officer/PW1 whom he did not know - Alleged confession was made by accused more than two months after the incident which makes it more suspicious - PW1..........
