Evidence Act, 1872, Section 24 -- FIR lodged by accused confessing crime - It cannot be used against accused - Fact of giving information of crime to police is admissible against him as evidence of his conduct - If statement in FIR is non confessional, same can be used against him as admission...........
Evidence Act, 1872, Section 26 -- Confession while in police custody - Concept of `Custody' & `Arrest' - When a person went to police station and gave information regarding crime committed by him then he would be taken to have come into custody of police the moment he made a confessional statement...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Purchaser during pendency of partition suit - It is discretion of Court to allow purchaser to be impleaded as a party - Purchaser allowed to be impleaded as a party - Purchaser already gave an undertaking that he will rely upon the written statement filed by seller and that he will not pray for new issues to be framed and..........
Criminal Procedure Code, 1973, Section 161 -- Signatures obtained on statement u/s.161 Cr.P.C. - Obtaining signatures on statement u/s.161 Cr.P.C. is prohibited by S.162 Cr.P.C...........
Evidence Act, 1872, Section 32 -- Dying declaration - Doctors certificate of fitness - Obtained at the end of recording statement and not at the time when recording of statement commenced - Dying declaration not in question answer form - Order of conviction by High Court without removing the doubts with regard to the correctness, legality and propriety of dying declaration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 67 -- Recovery of 21 kg of heroin from A3 - Conviction of A1 and A2 based on the statement of appellants recorded u/s 67 of the Act - Officer who recorded those statements not examined - Held, recording of statements u/s 67 of the Act is not an empty formality - Officer who recorded the statement alone could..........
Indian Penal Code, 1860, Section 409, 420 -- Criminal breach of trust - Cheating - Property of partnership firm - Petitioner, a partner of the firm entrusted or given dominion over property that belongs to partnership firm - Held, since he is partner of the firm, he necessarily would be a part owner of property entrusted to him or over which he has been given dominion - He..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. is not substantive evidence and can be utilized only to corroborate or contradict the witness vis-a-vis statement made in Court - It can be only utilized as a previous statement and nothing more...........
Agreement to sell -- Specific performance - Stipulation in agreement regarding payment of damages or double the amount of earnest money in the event of default committed by the vendor in performing his part of the contract - Held, this stipulation will not disentitle vendee to seek relief of Specific Performance of agreement, when defendant did not raise plea of hardship..........
Indian Penal Code, 1860, Section 489A, 489B, 489C, 489D -- Recovery of counterfeit currency notes and printing apparatus and material from accused in pursuance to disclosure statement - Prosecution case resting on the testimony of police officials alone - Held, the testimony of official witnesses cannot be discarded only on the ground that they are police officials - Their..........
