Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Identification can only be used as corroborative evidence - When the witness had identified the accused in TIP but out of fear did not identify him in the dock, that will not held to be fatal to prosecution...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - If there was irregularity in the TIP, that itself does not erode the evidentiary value of the identification in the Court...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Where evidence on record is sufficient, Court of appeal would decide the issue on merits and should avoid an order of remand as the same gives longevity to litigation...........
Evidence Act, 1872, Section 92 -- Oral evidence - Sale deed - Misdescription of property or khasra number wrongly mentioned - Same comes under the purview of S.92 Proviso (1) of the Act - However, the mistake sought to be proved by oral evidence under this proviso, must be one which could sustain a claim for rectification or cancellation of instrument...........
Evidence Act, 1872, Section 92 -- Oral evidence - Sale deed - Misdescription of property or khasra number wrongly mentioned - Same comes under the purview of S.92 Proviso (1) of the Act - However, the mistake sought to be proved by oral evidence under this proviso, must be one which could sustain a claim for rectification or cancellation of instrument...........
Evidence Act, 1872, Section 91, 92 -- Scope - Provisions of Ss.91, 92 supplement each other - S.91 CPC applies to all documents, whether they purport to dispose of rights or not, whereas S.92 CPC applies to documents which can be described as disposing of right - S.91 CPC applies to documents which could be bilateral or unilateral, but the application of S.92 CPC is..........
Evidence Act, 1872, Section 91, 92 -- Scope - Provisions of Ss.91, 92 supplement each other - S.91 CPC applies to all documents, whether they purport to dispose of rights or not, whereas S.92 CPC applies to documents which can be described as disposing of right - S.91 CPC applies to documents which could be bilateral or unilateral, but the application of S.92 CPC is..........
Practice and Procedure -- Plaintiffs - has to prove their case by way of leading cogent evidence, instead of relying upon weaknesses of defendant...........
Right of pre-emption -- Plaintiffs filed suit for possession by way of pre-emption claiming superior rights of tenancy over the land under defendant no.2 - However, plaintiff failed to discharge the burden of proof of tenancy - It was the plaintiffs who were to prove their case by way of leading cogent evidence, instead of relying upon weaknesses of defendant - Suit..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Allegation that accused demanded the amount by making gesture, but the exact gesture was not narrated by complainant - Neither prior demand by accused is proved nor demand on the day of trap is proved, as no independent witness is examined to corroborate the version - Evidence of..........
