Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Non-joining of independent witness - Evidence of police officials cannot be rejected per se merely because of no, joining of independent public witnesses - However, it puts the Court on guard to scrutinize their testimonies with great care and caution since they could be..........
Specific Relief Act, 1963, Section 20 -- Decree of specific performance - Appeal to Supreme Court - Three Courts below concurrently decreed the suit in favour of plaintiff on appreciating the evidence in their respective jurisdiction and discretion - Such findings are binding on Supreme Court, particularly when such findings were neither found to be perverse, nor against..........
Evidence Act, 1872, Section 114, 35 -- Revenue entries - Presumption of truth attached to revenue entries stands rebutted when change in revenue entries is u, explained - Unexplained change of entries is of no consequence...........
Indian Penal Code, 1860, Section 471, 201 -- Offence u/ss 471, 201 IPC - Four persons were sitting in the vehicle in question having fake number plate - Trial Court acquitted three co-accused except accused - Case of accused cannot be distinguished from other co-accused - Moreover, accused was not driving the vehicle and he was merely a passenger - No evidence on record as..........
Indian Penal Code, 1860, Section 279, 337, Evidence Act, 1872, Section 102 -- Rash and negligent driving - Onus to prove - Onus is always upon prosecution to prove beyond reasonable doubt that vehicle in question was being driven rashly and negligently...........
Evidence Act, 1872, Section 3 -- Evidence in criminal cases - Needs to be evaluated on touchstone of consistency...........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Non-examination of a party as its own witness - Adverse inference can be drawn if circumstances of the case warrant...........
Evidence Act, 1872, Section 114 -- Presumption - Where a party to a suit fails to enter into a witness box to state his/her own case on oath and does not offer himself/herself to be cross-examined by other side, presumption would arise that case set up by him/her is not correct...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Ancestral property - Person pleading ancestral nucleus and source of purchase should prove the same...........
Evidence Act, 1872, Section 115 -- Waiver and estoppel - Principle of waiver is akin to principle of estoppel - But difference between the two lies in the fact that while estoppel is rule of evidence and not cause of action and waiver may constitute cause of action...........
