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Sayad Mohammed Sadiq and ors. Vs. G.S. Narang, Asst. Collector of D.R. ...

Court : Mumbai

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 138B and 138B(1); Evidence Act, 1872 - Sections 33; Code of Criminal Procedure (CrPC) , 1898 - Sections 288

Reported in : 1992(1)BomCR359

examined, be treated as evidence in the case for a purposes subject to the provisions of the Indian Evidence Act, 1872'. 16. Witnesses examined at the trial included Lucian Dharmai and Venkatrao. The form is the person who arranged … exception to the conviction and sentences recorded against the petitioners for their allegedly committing offences punishable under various sections of the Customs Act, 1962 and section 120-B of the Indian Penal Code. 2. The petitioners before me … he came back to the flight kitchen. The time then was about 330 a.m. Officer Ganpathy took him to the Customs enclosure and kept him

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 … before a notary public of California satisfied the test of Section 85 of the Evidence Act and Section 33 of the Indian Registration Act. If the interpretation of notary public is limited to notaries public appointed in

Mr. Padam Chandra Singhi, Vs. Dr. Praful B. Desai and ors.

Court : Mumbai

Subject : Civil

Acts : Evidence Act, 1872 - Sections 33; Indian Penal Code (IPC) - Sections 114 and 338

Reported in : 2008(5)BomCR367; (2008)110BOMLR795

from New York to India. The plaintiffs have, thus, prayed that considering provision of Section 33 of the Evidence Act, 1872 ('Act' for short), they be permitted to produce certified copies of the evidence of Dr.Greenberg recorded in criminal … the criminal prosecution wherein the defendant Nos. 1 and 2 are being prosecuted for having committed offence under Section 338 read with Section 114 of Indian Penal Code. That evidence of Dr.Greenberg was recorded through video conferencing.

State of Orissa Vs. Prasanna Kumar Mohanty

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 33; Code of Criminal Procedure (CrPC) - Sections 482; Constitution of India - Article 142

Reported in : 2009AIRSCW5557; 2009(57)BLJR1832; 2009CriLJ4452; JT2009(14)SC159; 2009(6)SCALE110; (2009)7SCC412; 2009(5)LC2123(SC)

examination and the defence had been given ample opportunity to cross examine him. Section 33 of the Indian Evidence Act, 1872 will be applicable. It was urged that the decision of this Court in Gopal Saran (supra) is not … petition filed on behalf of Special P.P. Vigilance is disposed of. 6. The respondent filed an application under Section 482 of the Criminal Procedure Code there against before the High Court. The High Court, while relying upon

Sashi Jena and ors. Vs. Khadal SwaIn and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34 and 302; Code of Criminal Procedure (CrPC) , 1898 - Sections 202; ;Evidence Act, 1872 - Sections 33 and 157

Reported in : AIR2004SC1492; 2004(1)ALD(Cri)617; 2004CriLJ1394; I(2004)DMC575SC; JT2004(2)SC339; 2004(2)SCALE348; (2004)4SCC236

submitted on behalf of the appellants that such a statement is not admissible under Section 33 of the Evidence Act, 1872 ('the Act' for short) as the accused had neither any right nor opportunity to cross-examine PW.1 during the … Murder - Section 302 of the Indian Penal Code, 1860, Section 202 of Criminal Procedure Code, 1973 and Sections 33 and 157 of the Evidence Act, 1872 - Appeal against conviction under Section 302 - Conviction based on

State of Gujarat Vs. Rajubhai Dhamirbhai Bariya and ors.

Court : Gujarat

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 9(6), 154, 156, 157, 161, 225, 311, 327, 378, 386 and 391; Indian Penal Code (IPC), 1860 - Sections 302; Evidence Act, 1872 - Sections 137, 141, 142, 143 and 165

Reported in : 2004CriLJ771; (2004)1GLR404

State of Maharashtra, reported in 2003 (4) Crimes 33. We would like to reproduce Section 165 of the Evidence Act, 1872 (for short 'the Act') which is as under :Section 165. Judge's power to put questions or order production … No. 1, Vadodara, in Sessions Case No. 248 of 2002 acquitting the respondents-accused for the offences punishable under Sections 147, 148, 149, 188, 504, 342, 427, 436, 395, 307 and 302 of the I.P.C., the appellant-State of

Ram Gopal and anr. Vs. State of U.P.

Court : Allahabad

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 3, 33, 58, 135, 137 and 138; Evidence (Amendment) Act, 1972; Code of Criminal Procedure (CrPC) , 1974 - Sections 154, 156(3), 161, 169, 173, 191, 190(1), 193, 200, 200(2), 202, 203, 204, 209, 213 to 231, 234, 242, 242(3), 244, 245, 246, 247, 254, 291, 292, 293, 294, 295, 296, 299, 319, 319(1), 319(2), 319(4) and 482; Criminal Law; Code of Criminal Procedure (CrPC) , 1898 - Sections 351

Reported in : 1999CriLJ1865

of the offence besides the accused, who are already facing trial.21. 'Evidence' has been defined in the Indian Evidence Act, 1872 in Section 3, according to which 'Evidence' means and includes.(1) all statements which the Court permits or requires … cannot be said to be 'Evidence' within the meaning of Sub-section (1) of Section 319 Cr.P.C. referred to Sections 135, 137 and 138 of the Indian Evidence Act and contended that to make a statement of witness … v. State of Punjab (1979) I SCC 345 : AIR 1979 SC 339.10. The powers under Section 319 should not be confused with Section 193

Tukaram Ganu Pawar Vs. Chandra Atma Pawar

Court : Karnataka

Subject : PropertyCivil

Acts : Karnataka Stamp Act, 1957 - Sections 33, 34, 35, 37, 37(1), 37(2), 41 and 58; Evidence Act, 1872 - Sections 145; Transfer of Property Act, 1882 - Sections 53A; Code of Civil Procedure (CPC) - Order 13, Rules 2, 4, 6, and 7; Indian Stamp Act, 1899 - Sections 34 and 35; Registration Act, 1908 - Sections 17 and 49

It is clear from Order 13, Rule 2 of he CPC read with Section 145 of the Indian Evidence Act, 1872 that what can be produced during cross-examination, to confront a witness to contradict him, is only his previous … Stamp Act'). The requisite stamp duty as prescribed not having been paid, it is his contention that Under Sections 33 and 34 of the Stamp Act and the judgments rendered by this Court in the case of KB,

Lakme Ltd. Vs. Plethic Pharmaceuticals Ltd. and ors.

Court : Madhya Pradesh

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34, 34(2) and 34(3); Evidence Act, 1872 - Sections 59 and 60; Arbitration Act, 1940 - Sections 33; Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 12 - Order 13 - Order 14

Reported in : 2000(3)MPHT249; 2000(2)MPLJ35

proof.9. Shri Bagdia further pointed out that the proof can be adduced by following the provisions of Indian Evidence Act, 1872 embodied in Chapter IV. He pointed towards provisions of Section 59 of Evidence Act which provides that--'All facts, … the arbitral award or, if a request had been made under Section 33, from the date on which that request had been disposed of by … was also raised in context of maintainability of the present revision petition by pointing out the provisions of Section 115 of C.P.C.. It has been contended from the side of respondent No. 1 that there has been

Balachandran and anr. Vs. Gopalan and ors.

Court : Kerala

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 41, Rules 4 and 33; ;Evidence Act, 1872 - Sections 92 and 92(6)

Reported in : AIR2001Ker337

held thus :-- 'Where a lease deed is in favour of X and Y, Section 92 of the Evidence Act, 1872, is clearly a bar to the plea by X that Y is merely a surety.10. Regarding the principle … heard and finally decided by such Court.' Order 41 rules 4 and 33 read as follows:--'One of several plaintiffs or defendants may obtain reversal of … the contesting respondents, the position of law in respect of their contentions can be examined hereunder : 7. Section 11 of the C.P.C. reads as follows :- 'Res judicata :-- No Court shall try any suit or