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The State of Bihar Vs. Lalu Prasad and ors.

Court : Patna

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Evidence Act, 1872 - Sections 13, 35, 40 to 43, 65, 66 and 157; Companies Act; Indian Penal Code (IPC) - Sections 109; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1973

Shri Mishra, it would be necessary to refer to the provisions of Sections 40 to 44 of the Evidence Act, 1872 (short 'the Evidence Act') which are under the heading 'Judgments of courts of justice when relevant', and in … Income Tax authorities.Learned Counsel also relies upon the provisions of the Evidence Act contained in Sections 40 to 43 of the said Act which deals with the circumstances in which the judgments of Courts of justice are

Syed Askari Hadi Ali Augustine Imam and anr. Vs. State (Delhi Admn.) a ...

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Succession Act, 1865 - Sections 63 and 276; Evidence Act, 1872 - Sections 8, 8(1), 40 to 43 and 68; Probate and Administration Act, 1881 - Sections 12 and 59; Succession Act, 1925 - Sections 227 and 273; Indian Penal Code (IPC) - Sections 34, 420, 444, 448 and 468; Code of Criminal Procedure (CrPC) , 1973 - Sections 300, 309, 340(1), 341, 343(2); Constitution of India - Article 136; ; ;

Reported in : 2009AIRSCW3251; AIR2009SC3232; JT2009(4)SC522; 2009(3)SCALE604; (2009)5SCC528; 2009AIRSCW3251; 2009(2)LHSC961; [2009] 3 SCR 1017

civil proceedings or criminal proceedings shall be stayed depends upon the fact and circumstances of each case INDIAN EVIDENCE ACT, 1872 Sections 41 - 43: [S.B. Sinha, Lokeshwar Singh Panta & B. Sudershan Reddy, JJ] Held, Section 41 of the

A.J.K. Fernandez Vs. Central Bureau of Investigation

Court : Delhi

Subject : Criminal

Acts : Delhi Special Police Establishment Act, 1946 - Sections 5 and 6; Prevention of Corruption Act, 1947; Evidence Act, 1872 - Sections 40 to 43; Code of Criminal Procedure (CrPC) - Sections 161, 173, 190(1), 227, 340, 341, 343(2), 397, 401 and 482; Indian Penal Code (IPC) - Sections 109, 120B, 145, 145(1), 146, 146(1), 300, 405, 420, 465, 467, 468 and 471; Code of Criminal Procedure (CrPC) , 1898 - Sections 190, 190(1), 193, 195 to 199, 209, 476 and 537; Constitution of India - Article 142

Reported in : 2009CriLJ3379

case.12. Mr. Dwivedi, however, would urge that in a case of this nature Section 41 of the Indian Evidence Act, 1872 would be applicable. Mr. Dwivedi would in support of his aforementioned contention place strong reliance on Sardool Singh … No. Maturity Maturity DateDeposit US $ Value US $-------------------------------------------------------------------------------1. 21.08.00 17,29,684.81 37197/FCAB 43 2150995.50 21.08.2003-------------------------------------------------------------------------------2. 31.08.00 9,97,141.24 37197/FCAB 44 1234650.22 31.08.2003-------------------------------------------------------------------------------B. FDRs with State Bank … Mool Chand Garg, J.1. This order shall dispose of the aforesaid Revision Petition filed by the Petitioner under Sections 397/401 read with Section 482 of the Code of Criminal Procedure for setting aside the order directing framing

Daya Sapra Vs. Vishnu Dutt Sharma

Court : Delhi

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 40 to 43; Negotiable Instruments Act, 1881 - Sections 138 to 147; Impounding Act, 1908 - Sections 9 and 10; Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 18, Rule 19 - Order 27; Code of Criminal Procedure (CrPC) - Sections 300 and 403; Indian Penal Code (IPC) - Sections 420

Reported in : 2008(100)DRJ578

rest judicata' How is the principle of rest judicata impacted by Sections 40 to 43 of the Indian Evidence Act 1872' Do the inherent powers of the court permit it to stifle a suit, cause whereof was an essential

Ram Prasad Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Evidence Act,1872 - Sections 42, 43 and 44; Constitution of India - Articles 51A and 226; Land Acquisition Act, 1894 - Sections 4(2), 5A and 17(4); Administrative Law

Reported in : AIR1988All309

being parties to it, they were bound by it. In view of Sections 42 and 43 of the Evidence Act, 1872, the respondents could get rid of that judgment and order only under Section 44 by showing that the

Institute of Human Behaviour and Allied Sciences vs MI 2 C Securities ...

Court : Delhi

Subject : Arbitration

the learned Arbitrator may think proper.21. Upon completion of the pleadings and after the parties had ledtheir respective evidence, the learned Sole Arbitrator, by way of the Impugned Arbitral Award dated 26.02.2024, issued the following directions in … rules, notification, etc. since long, and is also a part of common law. Section 23 of the Contract Act, 1872 uses the expression by stating that the consideration or object of an agreement is lawful, unless, inter alia, … of the A&C Act, read with Order XXI Rules 1, 11(2), 30, 43, 64 & 66, read with Section 151 of the Code of Civil … made with respect to the „appointed date‟ or the contractual trigger under Sections 15 and 16 of the MSMED Act.35. It would be urged that

Barindra Kumar Ghose and ors. Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : (1910)ILR37Cal467

by the definition of the word 'proved,' which is to be found in Section 3 of the Indian Evidence Act, 1872: that is to say, 'a fact is said to be 'proved' when, after considering the matters before it, … Code (Act V of 1898) Sections 164, 196, 235, 239, 342, 364, 447, 454, 532--Evidence Act (I of 1872) Sections 21, 25, 29, 47, 67, 73--Waging war--Conspiracy to wage war--Penal Code (Act XLV of 1860) Sections 121, 121A. … moral conviction of guilt Queen v. Baijoo Chowdhry (1876) 25 W.R. Cr. 43; for a Judge 'cannot set himself above the law which he has

Parwatibai W/O Namdeo (Died. Her L.R.) Anna S/O Sheku Chavan Vs. Ramra ...

Court : Mumbai

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 22, Rule 10 - Order 43, Rule 1(1); Evidence Act, 1872 - Sections 68

Reported in : 2002(2)ALLMR788; 2002(3)BomCR318

other hand, the learned Advocate Shri Agrawal vehemently urged that the mandate of section 68 of the Indian Evidence Act, 1872 has not at all been complied with and, therefore, the decision of the learned District Judge is perfectly … the propounder of the Will should have examined one of the attesting witnesses. Relying on the mandate of section 68 of the Indian Evidence Act, the learned District Judge allowed the Misc. Civil Appeal filed by Ramrao … that the order passed by the Executing Court is appealable under Order 43, Rule 1(l) of the Civil Procedure Code. Accordingly, he entertained and disposed

S.K. Saini and Another Vs. C.B.I.

Court : Delhi

Subject : Land Acquisition

voice of the accused at the spot. 56. Admittedly, no certificate under Section 65 B of the Indian Evidence Act, 1872 was ever produced by the prosecution for the alleged tape recordings and Audio Cassettes. 57. The Supreme Court … ab-initio and thus the impugned conviction is liable to be set aside. 43. In the light of arguments of the appellants and the material available … to say that the General Manager by an order delegating his functions to the Assistant General Manager under Sections 491 read with 504 of the Corporation Act could destroy the protection. Since the General Manager (Transport) is

Fatten Lall Vs. Gujju Lall

Court : Kolkata

Subject : Property

Reported in : (1881)ILR6Cal171

holding that the former judgment was not admissible as evidence in the present suit. Evidence Act I (of 1872), Sections 13, 40, 41, 43 - Admissibility in evidence of Judgment not 'inter partes.' - … to arrive at a conclusion on this point, it seems to me a relevant fact that the Indian Evidence Act, 1872, was passed by the Legislature of this country under the direction of a skilled lawyer, for the express