Evidence Act, 1872, Section 45 -- Handwriting - Science of handwriting is not a perfect science...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 363, 367, 201, Evidence Act, 1872, Section 27 -- Rape and murder - Death sentence - Recoveries at the instance of accused - Accused led to discovery of dead body of deceased, place where he washed his clothes and stones smeared with blood as exclusively in the knowledge of accused - Blood on these recoveries was matched with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg of charas - Non-commercial quantity - Reduction of sentence - Accused convicted and sentenced to 10 years R.I and to pay fine of one lac - Accused has undergone the agony of litigation for more than 16 years and he has small children and old mother to look after as his father..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 52A -- Recovery of 35 kgs ganja - It is apparent from written report that informant has not disclosed that sampling was made at spot soon after search and seizure - Even, same evidence is reiterated by PW4 during trial and as such failed to disclose with regard to preparation of sample after I.O...........
Indian Penal Code, 1860, Section 364A, 34, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - Accused kidnapped a boy aged 6 years and demanded Rs.10 Lakhs - Sum of Rs.6 lakhs paid to accused who released the boy - Father of victim is natural and more important witness as he explained in what manner he reached the place where his son was..........
Evidence Act, 1872, Section 3 -- Last seen theory - Deceased died much earlier than deposed by witnesses - Evidence of last seen belied by medical evidence - Evidence of last seen, discarded...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Public policy Test - When a Court is applying public policy test to an arbitration award it does not act as a Court of appeal and errors cannot be corrected - Arbitrator is ultimate master of quantity and quality of evidence to be relied upon when he delivers arbitral award - Award based..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Division Bench committed error by setting aside arbitral award by taking into facts which were neither pleaded nor proved before Arbitrator - It is not possible for a Bench hearing an objection against arbitral award to do `rough and ready justice' - Award read as a whole is just, fair..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami owner - Plea of benami - In order to establish plea of benami, person who asserts plea is to prove by direct, cogent and positive evidence, source of money in purchasing the property and person in whose name property is purchased is actually a name lender...........
Evidence Act, 1872, Section 65B -- Electronic record - Statement of account - Certificate issued u/s 65-B of the Act that statement of account was true print out of electronic record - Such certificate u/s 65-B of Act must be signed by a person occupying a responsible official position in relation to operation of relevant device or management of relevant activities so that..........
