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The State of Bombay Vs. Kathi Kalu Oghad and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 14, 20, 20(3), 134(1) and 227; Indian Penal Code (IPC), 1860 - Sections 34, 302, 380 and 457; Indian Arms Act, 1878 - Sections 19; ;Evidence Act - Sections 27 and 73; Identification of Prisoners Act, 1920 - Sections 5 and 6; Code of Criminal Procedure (CrPC) , 1898 - Sections 439

Reported in : AIR1961SC1808; (1962)64BOMLR240; 1961CriLJ856; [1962]3SCR10

High Court of Punjab. The points raised in this Court were; (1) that section 27 of the Indian Evidence Act is violative of Article 14 of the Constitution; and (2) the impressions of the appellant's palms and fingers … Class, Howrah, directing the respondent to give his specimen writing and signature, under section 73 of the Indian Evidence Act. It is only necessary to state the following facts in order to bring out the questions of law

Rajendra Singh and ors. Vs. the State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 147, 148, 149, 300, 302, 304, 307, 323 and 324; Evidence Act - Sections 145

Reported in : 2000(2)ALD(Cri)79; 2000(48)BLJR1560; 2000CriLJ2199; JT2000(4)SC293; 2000(3)SCALE137; (2000)4SCC298; [2000]2SCR1073

to him while he was examined as PW 8, and therefore, the provisions of Section 145 of the Evidence Act has not been complied with, and in this view of the matter the said document cannot be relied … contradicting him before the said statement in question can be proved as provided under Section 145 of the Evidence Act. Mr. Mishra learned senior counsel appearing for the appellant relying upon the decision of this Court in Bhagwan

Shyama Ram Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302; ;Evidence Act - Sections 134; ;Code of Criminal Procedure (CrPC) - Sections 313

Reported in : RLW2005(3)Raj2128; 2005(3)WLC408

Singh v. State of Punjab : 1976CriLJ1757 .QUALITY NOT QUANTITY OF EVIDENCE MATERIAL.16. Section 134 of the Indian Evidence Act enshrines the well recognized maxim that 'Evidence has to be weighed not counted.' The matter thus depends upon … of interestedness, but their evidence should be subjected to a close scrutiny. 16. Section 134 of the Indian Evidence Act enshrines the well recognized maxim that 'Evidence has to be weighed not counted. If such a testimony is

Smt. Dayawantibai W/O Tulsiram Lodhi Vs. Smt. Sarula Bai W/O Sakharam ...

Court : Madhya Pradesh

Subject : Property

Acts : Evidence Act - Sections 103; Transfer of Property Act - Sections 54

Reported in : 2006(4)MPLJ346

the vendor as well as possession of Parasram was pleaded by the defendants, under Section 103 of the Evidence Act it was incumbent upon the plaintiff to prove that consideration was duly paid to the vendor. Thus there … for Rs. 1,000/-. Since a specific plea of non-payment of consideration is there, under Section 103 of the Evidence Act, the burden of proof was on plaintiff that she paid the consideration to Parasram. Thus there should be

Giano Vs. Puran and ors.

Court : Punjab and Haryana

Subject : CivilProperty

Acts : Registration Act, 1908 - Sections 60 and 60(2); Evidence Act, 1872 - Sections 50, 65, 67, 68 and 72; Indian Succession Act - Sections 63; Transfer of Property Act, 1882 - Sections 122 and 123; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : AIR2006P& H160; (2006)142PLR46

the gift deed, which was required to be proved as per the requirement of Section 67 of the Evidence Act, 1872. The simple act of registration has not been considered sufficient to prove the execution of a gift … appellate court and nothing has been brought on record to satisfy the requirements of Section 50 of the Evidence Act. Learned Counsel has maintained that the burden to prove the relationship was cast upon the plaintiff-appellant. He has

Lt. Cdr., M.P. Verma Vs. Union of India (Uoi)

Court : Delhi

Subject : Service

Acts : Prevention of Corruption Act, 1988 - Sections 3 to 5, 13, 13(1) and 13(2); Navy Act, 1957 - Sections 2(1), 6, 6(1), 54(2), 65A, 65B, 77(2), 93, 97, 97(6), 97(7) to 97(22), 99, 99(2), 101 to 103, 104, 105, 110, 113, 114, 115, 116, 117, 123, 124, 130, 133, 162 and 163; Evidence Act - Sections 27, 155 and 155(2); Army Act; Code of Criminal Procedure (CrPC) - Sections 100, 102 and 165; Naval Law; Constitution of India - Articles 226 and 227; Navy Rules - Rule 16; Navy (Disciplinary and Miscellaneous Provisions) Regulations, 1965 - Regulations 148, 148(1), 148(5), 149, 151, 153, 167, 168, 169, 172(5) and 242 to 244; Travel Regulations

Reported in : 156(2009)DLT41

Navy authorities produced those vendors as prosecution witnesses. This also impeaches their credit under Section 155(2) of the Evidence Act and makes their testimony inadmissible in evidence. In fact, the statement made by the vendors was also vitiated … statement allegedly made by the petitioner Ex.P-50 was inadmissible being contrary to provisions of Section 27 of the Evidence Act.(xii) The President of the Court Martial had not applied his mind inasmuch as, throughout the proceedings he was

Regional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...

Court : Kerala

Subject : Insurance

Acts : Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 1(5), 1(6), 2, 2A, 2(9), 2(12), 2(13), 2(22), 38, 39, 40, 41, 44, 45, 45A, 45A(2), 45B, 45C to 45I, 75 to 77, 82(2) and 85; Evidence Act - Sections 101 and 102; Apprentice Act, 1961; Mines Act, 1952; Factories Act, 1948 - Sections 2; Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Sections 2; Employees' State Insurance (Amendment) Act, 1989; Reserve bank of India Act, 1934; Kerala Industrial Establishment Act, 1958; The Employees' State Insurance (General) Regulations, 1950 - Regulations 10B, 11, 12 and 29 to 40

Reported in : (2010)ILLJ279Ker

the Corporation is against the basic principles of onus of proof set out in Section 102 of the Evidence Act and the ruling 199 8 (1) KLT 786?(iii) Whether the reasons stated by the learned E.I. Court for … of the employees engaged by him and exclusively known to him. By virtue of Section 101 of the Evidence Act the burden was on the employer to reveal the facts within his exclusive knowledge and prove that he

State of Bihar Vs. Md. Mannan @ Abdul Manna

Court : Patna

Subject : Criminal

Acts : Evidence Act - Sections 27; Indian Penal Code (IPC) - Sections 201, 302, 324, 366 and 376; Code of Criminal Procedure (CrPC) - Sections 313

where the dead body could be found, is clearly admissible as evidence under Section 27 of the Indian Evidence Act. Since the rape and murder on the victim girl has been proved by medical evidence and since such … and circumstances coupled with disclosure made by the appellant which is admissible under Section 27 of the Indian Evidence Act prove beyond any doubt that after kidnapping the victim, the appellant committed the offence of rape followed by

State of Maharashtra Vs. Shivaji Anandrao Chede

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 313, 313(4) and 378; Evidence Act - Sections 106; Indian Penal Code (IPC) - Sections 302

Reported in : 2003BomCR(Cri)344; (2002)4BOMLR146; 2002CriLJ4198; 2002(4)MhLj201

the knowledge of accused and therefore, the case squarely came within the ambit of Section 106 of the Evidence Act. Though the main witnesses turned hostile, the admissions given by some of them were considered by the trial

Brihanmumbai Mahanagar Palika Vs. Gangaram Muthyanna Mukadam and anr.

Court : Mumbai

Subject : Service

Acts : Evidence Act, 1872

Reported in : 2003(6)BomCR682; (2003)IIILLJ674Bom

the money from those persons. Even though it is true that in such enquiries the provisions of the Evidence Act are not applicable, the Courts or Tribunals are not entitled to arrive at the finding merely on the … his presence. The contention of the learned advocate for the petitioners, however, is that the provisions of the Evidence Act being not applicable to cases in such matters, the absence of these particulars would not justify discarding the