Civil Procedure Code, 1908, Order 16, Rule 10 -- One opportunity granted by High Court to conclude evidence by producing all witnesses on their own responsibility by taking dasti summons - Process issued and summons duly served upon witnesses - Non appearance of served witnesses - In such situation Court is under legal obligation to secure the presence of served witnesses..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 65B -- Attempt to murder - Accused convicted solely on the basis of call details - However, documents relating to call details do not bear signature of any person - Whether they have been issued by service provider is also not established - Call details are not proved in..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Offer of secondary evidence can be at best impeached in cross examination - It will be for Court to examine and decide as to whether it will be appropriate to rely upon such secondary evidence or not for want of compliance of S.65 of the Act - In case Court finds secondary evidence not reliable, Court is at liberty to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Can be led by exhibiting the same at the relevant stage, even if same was objected to by opposite party - Document can be received in evidence without commenting upon its authenticity and genuineness at that stage - After receiving document in evidence with objection, trial Court can examine admissibility and..........
Evidence Act, 1872, Section 65 -- Secondary evidence - At the stage of arguments - No evidence was led by plaintiff in affirmative nor any such evidence was brought in rebuttal - Even the evidence of plaintiff was closed by way of statement of Counsel appearing on his behalf - Said order of closing was never assailed by plaintiff in any forum - Filing of application at..........
Evidence Act, 1872, Section 45 -- Comparison of signatures - Comparison of signatures is permissible only with the original document and not with signatures on a photocopy of document...........
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 207 -- Document - Any evidence intended to establish information expressed on any substance de hors substance, evidence is documentary - Conversely if it relates to substance it is a material object...........
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 207 -- Documentary evidence also involves physical objects like written documents, photographs, cassette, DVD or memory card - However, when evidence is documentary, physical objects are only carriers of evidence - They are not evidence by itself...........
Criminal Procedure Code, 1973, Section 207 -- Documentary evidence - Memory card created by accused contemporaneously recorded on mobile, along with commission of offence, does not itself displace status of memory card as document - Memory card itself is end product of crime - It is hence a material object and not a documentary evidence - Copy of memory card thus, cannot..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Evidentiary value - FIR as such is not substantive evidence - It may be used either to corroborate informant u/s 157 of Evidence Act or to contradict him u/s 145 of Evidence Act, when he is called as a witness...........
