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Radha Gajapathi Raju Vs. Assistant Controller of Estate Duty

Court : Chennai

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 5 and 55; Evidence Act, 1872 - Sections 108; Indian Succession Act

Reported in : [1999]239ITR620(Mad)

presumed to be dead on expiry of seven years and not earlier. (2) Section 108 of the Indian Evidence Act, 1872 is not exhaustive. It is permissible for the court to raise a suitable presumption regarding date of presumed … particular point of time prescribed in the Evidence Act. It is, no doubt, true that the provisions of Sections 7 to 17 of the Act may not, in full force, strictly apply, but the non-applicability of those

Arti Devi @ Arti Pandey Vs. the Union of India (Uoi) and ors.

Court : Patna

Subject : Civil

Acts : Central Reserve Police Force Act, 1949 - Sections 11(1); Central Reserve Police Force Rules, 1955 - Rule 27; Evidence Act, 1872 - Sections 108

dead after expiry of seven years in view of the provisions contained in Section 108 of the Indian Evidence Act, 1872. 2. It appears that earlier the petitioner had filed Cr.W.J.C. No. 625 of 1996, which was held to … family pension, treating her husband dead after expiry of seven years in view of the provisions contained in Section 108 of the Indian Evidence Act, 1872. 2. It appears that earlier the petitioner had filed Cr.W.J.C. No.

Sima Devi Vs. Senior Superintendent of Police, Jhansi and ors.

Court : Allahabad

Subject : Service

Acts : Uttar Pradesh Recruitment of Dependants of Government Servant (Dying-in-Harness) Rules, 1974 - Rules 5, 8 and 9; Evidence Act, 1872 - Sections 108

Reported in : 2002(2)AWC1023

died during the course of employment.4. Learned counsel for the petitioner has referred Section 108 of the Indian Evidence Act. 1872. The Section 108 is given as below :'108. Burden of proving that person is alive who has not … of Police (Karmik) Police Head Quarter, Lucknow, on 27.9.1997 had also requested to the Joint Secretary, Home (Police) Section 10, U. P. Government, Lucknow (Annexure-6 to the writ petition), to give appointment to the petitioner under 'Rules,

Mohammed Shabeer Vs. State By Sub-inspector Of Police

Court : Karnataka

Subject : Criminal

prudence and practice that court seeks assurance from other facts and circumstances to corroborate the retracted confession - Evidence Act, 1872, sections 24 to 30. 90 Evidence Act, 1872 - Sections 24, 30 and 101-106 - Use of threat, inducement … COCHIN ((1997) 3 SCC721). In the said judgment in K.I. Pavunny, the Hon’ble Apex Court has held that “Sections 108, 110 and 111 - Person suspected by a Customs officer of having committed an offence under the Act

Sri. Santhosh K @ Santhosh Shetty @ Rohith Vs. State Of Karnataka

Court : Karnataka

Subject : Criminal

prudence and practice that court seeks assurance from other facts and circumstances to corroborate the retracted confession - Evidence Act, 1872, sections 24 to 30. 90 Evidence Act, 1872 - Sections 24, 30 and 101-106 - Use of threat, inducement … COCHIN ((1997) 3 SCC721). In the said judgment in K.I. Pavunny, the Hon’ble Apex Court has held that “Sections 108, 110 and 111 - Person suspected by a Customs officer of having committed an offence under the Act

Mohammed Asif Vs. State Of Karnataka

Court : Karnataka

Subject : Criminal

prudence and practice that court seeks assurance from other facts and circumstances to corroborate the retracted confession - Evidence Act, 1872, sections 24 to 30. 90 Evidence Act, 1872 - Sections 24, 30 and 101-106 - Use of threat, inducement … COCHIN ((1997) 3 SCC721). In the said judgment in K.I. Pavunny, the Hon’ble Apex Court has held that “Sections 108, 110 and 111 - Person suspected by a Customs officer of having committed an offence under the Act

L.i.C. of India Vs. Anuradha

Court : Supreme Court of India

Subject : Civil

Acts : Evidence Act, 1872 - Sections 107 and 108; Jammu and Kashmir Consumer Protection Act, 1987

Reported in : II(2004)ACC44; 2004ACJ1318; AIR2004SC2070; 2004(5)ALLMR(SC)521; 2004(2)CTC552; 2004(2)JKJ17[SC]; JT2004(5)SC604; 2004(2)KLT351(SC); (2004)4MLJ94(SC); 2004(4)SCALE80; (2004)10SCC131

SLP (C) No.9334 of 2000.2. A common question of law centering around Sections 107 and 108 of Indian Evidence Act, 1872 arises for decision in these two appeals.3. In Civil Appeal No. 2655 of 1999 Sham Prakash Sharma, the

Geddeam Damayanti and anr. Vs. Geddam Akkamma and ors.

Court : Andhra Pradesh

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 68, 107 and 108; Hindu Succession Act - Sections 8; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 7

Reported in : 2008(1)ALD20

The learned Counsel also had explained the scope and ambit of Sections 107 and 108 of the Indian Evidence Act, 1872 (for short 'the Evidence Act') and also would further maintain that the original suit, initially was instituted as

Mohar Singh Vs. Deen Dayal Gupta

Court : Delhi

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Order 40; Indian Contract Act, 1872 - Sections 23; Delhi Rent Control Act, 1958 - Sections 14(1); Transfer of Property Act, 1882 - Sections 108; Evidence Act, 1872 - Sections 91

Reported in : 1996VAD(Delhi)704; 65(1997)DLT1; 2003(39)DRJ760

It is for providing benefit to the landlord which the landlord may waive in his own volition.' (pr.20); Evidence Act, 1872 - Sections 91 and 92--Principles underlying--;Court not debarred from finding out real nature of transaction between the parties … is void. (12) What is opposed to public policy' is not defined in the Contract Act. (13) Section 108 of the Transfer of Property Act which provides for rights and liabilities of the Lesser and lessee contemplates

Sudhir.S vs District Collector

Court : Kerala

great prejudice to the petitioner. Learned counsel also refers to the provisions of Section 108 of the Indian Evidence Act, 1872 to contend that when a person has not been heard of for seven years or more, there is … to the petitioner is causing great prejudice to the petitioner. Learned counsel also refers to the provisions of Section 108 of the Indian Evidence Act, 1872 to contend that when a person has not been heard of