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Babulal Bhagwan Khandare and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 35, 38, 96, 97, 98, 99, 100 to 106, 300, 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections 105

Reported in : 2004(10)SCALE188; (2005)10SCC404

the same is available to be considered from the material on record. Under Section 105 of the Indian Evidence Act, 1872 (in short 'the Evidence Act'), the burden of proof is on the accused, who sets up the plea … and sentence as imposed. 36. Appeal fails and is dismissed accordingly. Criminal - Indian Penal Code, 1860 - Sections 34, 35, 38, 96, 97, 98, 99, 100 to 106, 300, 302, 307 - Criminal Procedure Code (Cr.PC), 1973

Vikas and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 32 and 60; Indian Penal Code (IPC) - Sections 34, 302, 342 and 498A

Reported in : JT2008(1)SC541; 2008(1)SCALE545; 2008AIRSCW915; 2008(2)SCC516; (2008)1SCC(Cri)486; 2008(1)Crimes288; 2008(1)LH(SC)567

sentence recorded against the appellants is upheld. Criminal - Dowry death - Dying declaration - Evidentiary value - Sections 34, 302, 342 of the Indian Penal Code, 1860 - Section 32 of Indian Evidence Act, 1872 - Deceased … Court.19. The question thus is confined to evidentiary value of dying declarations of Rekha. Section 32 of the Evidence Act, 1872 (hereinafter referred to as 'the Act') deals with statement by persons who cannot be called as witnesses either

Sham Shankar Kankaria Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 143, 147, 149, 302, 304, 325 and 342; Bombay Police Act, 1951 - Sections 37(1) and 135; Evidence Act, 1872 - Sections 32 and 60

Reported in : JT2006(8)SC533; 2006(II)OLR(SC)708; 2006(8)SCALE760

the High Court.6. At this juncture, it is relevant to take note of Section 32 of the Indian Evidence Act, 1872 (in short 'Evidence Act') which deals with cases in which statement of relevant fact by person who is … ultimate result the appeals are partly allowed to the extent indicated above. Criminal - Conviction - Appropriate provision-- Sections 34, 143, 147, 149, 302, 304, 325 and 342 of Indian Penal Code, 1860 -- Sections 32 and 60

Gopal and anr. Vs. State of Rajasthan.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 302, 323, 34; Indian Evidence Act, 1872 - Section 105

the same is available to be considered from the material on record. Under Section 105 of the Indian Evidence Act, 1872 (in short "the Evidence Act"), the burden of proof is on the accused, who sets up the plea … IPC and Gopal, Jagdish and Mahesh under Section 302 read with Section 34 of IPC and sentenced them to suffer rigorous imprisonment (RI) for life … at P.S. Manoharpur relating to the above-said incident. On the basis of the aforesaid report, a case under Sections 147, 148, 149, 302 and 323 of the Indian Penal Code, 1860 (in short “the IPC”) was registered

Appasani Veera Venkata Satyanarayana and anr. Vs. Chekka Veera Raja Ra ...

Court : Andhra Pradesh

Subject : Civil

Acts : Evidence Act, 1872 - Sections 34; Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 41, Rules 22 and 33

Reported in : 2007(2)ALD396

light of the proof of entries in the account books in view of Section 34 of the Indian Evidence Act, 1872. The learned Counsel also placed strong reliance on the decision of the Apex Court in Chandradhar v. Gauhati … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised

State of Karnataka Vs. Shantappa Madivalappa Galapuji and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 118; Indian Penal Code (IPC), 1860 - Sections 34, 201 and 302

Reported in : 2009(3)LHSC1757; 2009AIRSCW2737; AIR2009SC2144; 2009CriLJ2442; 2009(6)SCALE68; (2009)12SCC731; 2009(4)KCCRSN194;

reasons.11. The appeal is allowed. Criminal - Child witness - Section 118 of Indian Evidence Act, 1872 and Sections 34, 201 and 302 of Indian Penal Code, 1860(IPC) - Deceased was wife of Respondent accused no.1 - Respondents … 2008 (12) SCC 565 and Golla Yelugu Govindu v. State of Andhra Pradesh : 2008CriLJ2607 .6. The Indian Evidence Act, 1872 (in short 'the Evidence Act') does not prescribe any particular age as a determinative factor to treat a

Bishnu Prasad Sinha and anr. Vs. State of Assam

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 3, 8 and 24 to 30; Indian Penal Code (IPC), 1860 - Sections 34, 149, 201, 302 and 376(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 164 and 313; Constitution of India - Articles 20(3) and 21

Reported in : AIR2007SC848; 2007CriLJ1145; 2008(2)GLT1; JT2007(2)SC428; RLW2007(3)SC1861; 2007(2)SCALE42; 2007AIRSCW569; (2007)1Crimes147(SC); 2007(1)LawHerald(SC)530; (2007)11SCC467

undergarments that had white stains on it?Ans : That is true. 25. Indisputably, Section 30 of the Indian Evidence Act, 1872, in a situation of the present nature, can be taken aid of. The courts below did take into … S.B. Sinha, J.1. Appellants were charged with and convicted for commission of offences under Sections 376(2)(g), 302 and 201 read with Section 34 of the Indian Penal Code, 1860 for rape and murder

Sh. Rajesh Chaudhary Vs. Nirmala Chaudhary

Court : Delhi

Subject : Civil

Acts : Evidence Act, 1872 - Sections 4 and 112 - Schedule - Articles 5 and 16; ; Code of Civil Procedure (CPC) - Sections 151 - Order 26, Rule 10A; ;Indian Penal Code (IPC) - Sections 34, 406 and 498A; ;Constitution of India - Articles 21 and 227

Reported in : 125(2005)DLT311; II(2005)DMC814; 2006(86)DRJ61

last the complaint was filed against the Petitioner.'i) Reliance has been placed on Section 112 of the Indian Evidence Act, 1872 which reads as follows:-''Section 112. The fact that any person was born during the continuance of a valid … 2002, upon a complaint by the respondent to the Crime against Women Cell, an FIR No. 102/03 under Sections 498A/406/34 IPC was registered at Police Station, Nizamuddin, against the petitioner.a) There were dowry demands by the petitioner

Sri Narayan Saha and anr. Vs. State of Tripura

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34 and 376; Evidence Act, 1872 - Sections 114 and 118

Reported in : 2004(7)SCALE678; (2004)7SCC775; AIR 2005 SC 1452; AIR 2005 SC 1482

to warrant any interference. The appeal fails and is hereby dismissed. Criminal - Indian Penal Code, 1860 - Sections 34 , 376; Evidence Act, 1872 - Sections 114 , 118 - Prosecution of appellants for committing rape on … be put on par with an accomplice. She is in fact a victim of the crime. The Indian Evidence Act, 1872 (in short 'The Evidence Act') nowhere says that her evidence cannot be accepted unless it is corroborated in

Jairam Son of Govind Vyawahare Vs. Shri Vithal Son of Piraji Patil

Court : Mumbai

Subject : CommercialLimitation

Acts : Limitation Act, 1963 - Sections 18; Evidence Act, 1872 - Sections 34; Indian Limitation Act, 1963 - Schedule - Article 14 and 26

Reported in : 2004(2)ALLMR480

may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.Explanation -- For the purpose of this … as such are admissible in evidence.12. It is necessary to reproduce Section 34 of the Indian Evidence Act, which contemplates that :'Entries in books of … an acknowledgment of debt and consequently, it would not extend the period of limitation within the meaning of Section 18 of the Limitation Act, 1963 (hereinafter for short referred to as Limitation Act). He further held that