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Deoman Upadhyaya Vs. State

Court : Allahabad

Subject : CriminalConstitution

Acts : Constitution of India - Articles 13, 14 and 20(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 27, 161, 162 and 162(2); Evidence Act, 1872 - Sections 25, 26 and 27

Reported in : AIR1960All1; 1960CriLJ1

is there. Criminal - Articles 13 and 14 of Constitution of India, Sections 25, 26 and 27 of Evidence Act, 1872 and Section 162 (2) of Criminal Procedure Code, 1898 - statements made by accused in police custody - … section that:Nothing in this section shall be deemed to affect the provisions of Section 27 of the Indian Evidence Act 1872.'When, however, the Code was re-enacted in 1898 this provision was somehow dropped. No question of any conflict between

Raghunandan Prasad Vs. Ram Prasad and ors.

Court : Allahabad

Subject : Property

Reported in : (1885)ILR7All738

point has force. Whatever the law may have been upon the subject before the passing of the Indian Evidence Act (I of 1872), the rules contained in that enactment must now be strictly observed. Section 61 of the

Devi Prasad and ors. Vs. State

Court : Allahabad

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 239 and 337; Evidence Act, 1872 - Sections 24, 45, 47 and 73

Reported in : AIR1967All64; 1967CriLJ134

of case - his versions must be shown to be credible. (iii) Withdrawn confession - Section 24 of Evidence Act, 1872 - even a withdrawn confession can be used to support case against co-accused - if Court is satisfied … still be used in support of other material facts. (v) Handwriting expert - Sections 45 and 73 of Evidence Act, 1872 - cases where accused are to be identified on basis of similarities in hand writings only should be

Pinnika Lakshmaiah Vs. Pinnika Venkateswarlu and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Evidence Act, 1872 - Sections 90

Reported in : AIR1977AP301

with the costs of the contesting first respondent-plaintiff. Appeal dismissed. Property - will - Section 90 of Indian Evidence Act, 1872 - genuineness of will questioned - defendant contended that according to date appearing on will it was 30

In Re: Mottai thevar

Court : Chennai

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 25; Code of Criminal Procedure (CrPC) , 1898 - Sections 154, 162, 172 and 172(2); Madras Borstal Schools Act - Sections 10

Reported in : AIR1952Mad586; (1951)2MLJ605

Section 25 is a bar and the confession can wellbe admitted. Criminal - confession - Section 25 of Evidence Act, 1872, Sections 154, 162, 172 and 172 (2) of Criminal Procedure Code, 1898 and Section 10 of Madras Borstal

Yakub Abdul Razak Memon. Vs. the State of Maharashtra, Through Cbi , B ...

Court : Supreme Court of India

Subject : Criminal

Acts : Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 19, 3(3), 3(2)(i)(ii), 3(3)(4), 5, 6; Evidence Act, 1872 - Section 27; Indian Penal Code (IPC) - Sections 302, 307, 326, 324, 427, 435, 436, 201, 212, 120B; Arms Act, 1959 - Sections 3, 7, 25 (1-A), (1-B)(a); Explosives Act, 1884 - Sections 9B (1)(a)(b)(c); Explosive Substances Act, 1908 - Sections 3, 4(a)(b), 5, 6

made to police officers to be taken into consideration.-(1) Nothwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made by a person before a police officer … pointed out thatseizure panchnamas were not in accordance with the procedure and, moreparticularly, Section 27 of the Indian Evidence Act, 1872.(v) All the confessional statements are exculpatory and not inculpatory.In view of the same, the entire statements made are

Ayeasha Bi Vs. Peerkhan Sahib and ors.

Court : Chennai

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 114, 126, 128 and 146 to 153; Indian Penal Code (IPC), 1860 - Sections 499 and 500

Reported in : AIR1954Mad741

case, subject to these observations, is dismissed. Criminal - cross-examination - Sections 114, 126 and 146 of Indian Evidence Act, 1872 - lawyer put certain questions to complainant in cross-examination defamatory to complainant - presumption should be that question

Ramesh Prakash Vs. Shri Sukhbir Singh Bhati

Court : Delhi

Subject : Property

Acts : Evidence Act, 1872 - Section 58; Transfer of property Act - Section 54

plaintiff. Thus the document exhibited as exhibit PW1/1 stands proved by virtue of Section 58 of the Indian Evidence Act, 1872 which provides that the facts admitted need not be proved. As far as reply to para 3 of … against the appellant. There is no merit in this appeal. Appeal as also pending application are dismissed. Indian Evidence Act, 1872 - Section 58 - Facts admitted need not be proved -- The property had been purchased from the defendant. The

Smt. Kamla Rani and ors. Vs. Texmaco Ltd.

Court : Delhi

Subject : Tenancy

Acts : Delhi Rent Control Act, 1958 - Sections 14(1) and 22; Evidence Act, 1872 - Sections 85; Delhi Rent Control Act, 1959 - Sections 14(1); Constitution of India - Article 227

Reported in : AIR2007Delhi147; 139(2007)DLT61

controversy between the parties stood resolved by the Tribunal in the context of Section 85 of the Indian Evidence Act, 1872. The same reads as under:85. Presumption as to powers-of-attorney.- The Court shall presume that every document purporting to … not examined. Thus, it was held that recourse could not be had to Section 85 of the Indian Evidence Act, 1872.14. Copy of the notarised power of attorney was otherwise accepted as a document. It was assigned an exhibit

Syed Fahim Arif and anr. Vs. Rahmatunnisa Begum and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Evidence Act, 1872 - Sections 57, 57(6), 65, 82, 85 and 90; Stamp Act; Notaries Act, 1957; Indian Registration Act - Sections 33; Indian Diplomatic and Consular Officers (Oath and Fess) Act, 1948 - Sections 3; Limitation Act, 1908 - Schedule - Article 142; Limitation Act, 1963 - Schedule - Article 65; Code of Civil Procedure (CPC) - Order 41, Rule 27; Muslim Law; Mohammedan Law

Reported in : 2005(3)ALD545

and A-6(a) definitely cannot be sustained especially in the light of Sections 82 and 85 of the Indian Evidence Act 1872. The Counsel also made elaborate submissions relating to oral gift which is recognized by the Muslim Law and … examined. The learned Counsel would comment that in the light of Sections 82 and 85 of the Indian Evidence Act, 1872 definitely the procedure followed in England in relation to Ex.A-5 cannot be found fault by an Indian Court.