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Feb 04 2013

R. Shaji. Vs. State of KeralA.

Court : Supreme Court of India

Decided on : Feb-04-2013

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302, 364, 120B; Code of Criminal Procedure (CrPC), 1973 - Sections 164, 207, 161, 313; Indian Evidence Act, 1872 - Sections 27, 8, 9

proved. The recovery of the van was in accordance with the provisions of Section 27 of the Indian Evidence Act, 1872 (hereinafter referred to as the ?Evidence Act’), and as the same was done at the behest of the … facilitate better understanding of the judgment. [B.S. CHAUHAN; V. GOPALA GOWDA, JJ.] Indian Penal Code (IPC), 1860 - Sections 302, 364, 120B; Code of Criminal Procedure (CrPC), 1973 - Sections 164, 207, 161, 313; Indian Evidence Act, … fulcrum of the prosecution story”. (Vide: Babu v. State of Kerala, (2010) 9 SCC 189; Kulvinder Singh & Anr. v. State of Haryana, AIR 2011

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Mar 03 2015

Jagdish Prasad Vs. State

Court : Delhi

Decided on : Mar-03-2015

Subject : Land Acquisition

co-joint reading of Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act, 1872 and three decisions of the Supreme Court reported as AIR1955SC343Girija Datt Singh Vs. Gangotri Datt Singh, (2003) 2 … by Late Mata Shantanand. The reasoning of the learned Single Judge is premised on a co-joint reading of Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act, 1872 and … Singh, (2003) 2 SCC91Janki Narayan Bhoir Vs. Narayan Namdeo Kadam, and (2007) 9 SCC728Banga Bihara Vs. Baraja Kishore Nanda, for the reason it was the

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Dec 03 1951

Narsingdas Takhatmal Vs. Radhakisan Rambakas and ors.

Court : Mumbai

Decided on : Dec-03-1951

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 92; Indian Contract Act, 1872 - Sections 17(3); Code of Civil Procedure (CPC), 1908 - Order 6, Rule 4; Transfer of Property Act, 1882 - Sections 9

Reported in : (1952)54BOMLR492

entitled to redeem the properties. On the question whether this was barred under Section 92 of the Indian Evidence Act, 1872, it was contended by the plaintiff that as he was not a party to the deed of partition … having regard to the nature and circumstances of the case, it was not open to the plaintiff under Section 92, Evidence Act to lead any evidence to show shut the sale-deeds which were executed by the plaintiff … 106 and 112 situate at Mouje Kaggod for a consideration of Rs. 950. The plaintiff thus sold the immoveable properties consisting of these four survey

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Apr 30 2009

Ankush Maruti Shinde and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Apr-30-2009

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 235(2), 354(3), 366 and 376(2); Indian Penal Code (IPC) - Sections 34, 302, 307, 376, 395, 396 and 397; Constitution of India - Articles 19 and 21; Code of Criminal Procedure (CrPC) , 1898

Reported in : 2009AIRSCW4022; AIR2009SC2609; JT2009(6)SC358; 2009(6)SCALE388; (2009)6SCC667; 2009(3)LHSC2081

is the evidence of identification in Court. Apart from the clear provisions of Section 9 of the Indian Evidence Act, 1872 (in short the 'Evidence Act') the position in law is well settled by a catena of decisions of … Section 34 and sentenced to five years' imprisonment each. They were also convicted under Section 397 read with Sections 395 & 396 IPC. The accused persons filed the criminal appeals while the State has filed the appeals

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Mar 14 2008

Md. Kalam @ Abdul Kalam Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Mar-14-2008

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 9; Indian Penal Code (IPC), 1860 - Sections 395 and 411; Code of Criminal Procedure (CrPC) , 1973 - Sections 162 and 173(8)

Reported in : AIR2008SC1813; 2008(2)ALD(Cri)471; 2008CriLJ2602; JT2008(4)SC344; RLW2008(4)SC3543; 2008(4)SCALE521; (2008)11SCC352; 2008AIRSCW2501; 2008CriLJ2602; 2008(3)Crimes69; 2008(2)AICLR807; 2008(3)LH(SC)1838

is the evidence of identification in Court. Apart from the clear provisions of Section 9 of the Indian Evidence Act, 1872 (in short the 'Evidence Act') the position in law is well settled by a catena of decisions of … Judge (Fast Track) Class II, Jaipur. By the said judgment, the appellant was convicted for offence punishable under Section 395 of the Indian Penal Code, 1860 (in short 'IPC'). He was sentenced to undergo rigorous imprisonment for

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Nov 21 2003

Bommidi Malli Kharjuna Alias Malka and ors. Vs. State of A.P.

Court : Andhra Pradesh

Decided on : Nov-21-2003

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 395; Criminal Rules of Practice and Circular Orders, 1990 - Rule 34; Evidence Act, 1872 - Sections 9 and 27

Reported in : 2004(1)ALD(Cri)391; 2004CriLJ2162

confirmed. The Criminal Appeal is allowed accordingly. Criminal - circumstantial evidence - Section 395 Indian Penal Code, 1860, Sections 9 and 27 of Evidence Act, 1872 and Rule 34 of Criminal Rules of Practice and Circular Orders, 1990 … on the sole testimony of a single witness. That is the logic of Section 134 of the Indian Evidence Act, 1872. But if there are doubts about the testimony the Courts will insist for corroboration. It is for the

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Nov 16 2004

Munshi Singh Gautam (D) and ors. Vs. State of M.P.

Court : Supreme Court of India

Decided on : Nov-16-2004

Subject : Criminal

Acts : Constitution of India - Articles 5, 20(3), 21 and 22; Code of Criminal Procedure (CrPC) , 1973 - Sections 162; Indian Penal Code (IPC), 1860 - Sections 201, 302, 304, 313, 330 and 331; Evidence Act, 1872 - Sections 9

Reported in : 2006ACJ1002; AIR2005SC402; 2005(1)ALD(Cri)46; 2005CriLJ320; JT2004(10)SC547; 2004(3)KLT971(SC); RLW2005(2)SC209; 2004(9)SCALE390; (2005)9SCC631

offenders are. Disturbed by this situation the Law Commission in its 113th Report recommended amendments to the Indian Evidence Act, 1872 (in short the 'Evidence Act') so as to provide that in the prosecution of a police officer for … evidence of identification in Court. Apart from the clear provisions of Section 9 of the Evidence Act, the position in law is well settled by … judiciary itself, which if it happens will be a sad day, for any one to reckon with.8. Though Sections 330 and 331 of the Indian Penal Code, 1860 (for short the 'IPC') make punishable those persons who

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Jan 03 2002

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

Court : Allahabad

Decided on : Jan-03-2002

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,

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Mar 06 2009

Santosh Devidas Behade and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Mar-06-2009

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 141, 147, 148, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 162; Evidence Act, 1872 - Sections 9

Reported in : JT2009(7)SC417; 2009(3)SCALE727; 2009(2)LHSC1020

is no provision for it in the Code of Criminal Procedure, 1973 (in short the `Code') and Indian Evidence Act, 1872 (in short `Evidence Act'). It is desirable that a test identification parade should be conducted as soon as … evidence of identification in Court. Apart from the clear provisions of Section 9 of the Evidence Act, the position in law is well settled by … Bench of the Bombay High Court, Nagpur Bench, upholding the conviction of the appellants for offences punishable under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code, 1860 (in short the `IPC'). By

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Oct 29 2003

Sstate Vs. Mohd. Afzal and ors.

Court : Delhi

Decided on : Oct-29-2003

Subject : Criminal

Acts : Prevention of Terrorists Activities Act, 2002 - Sections 2, 3(1), 4, 6, 20 and 32 and 50; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1), 15 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 196, 218, 366, 367 and 368; Evidence Act, 1872 - Sections 9, 24, 25, 26, 27, 30, 65B(2), 138 and 146; Explosive Substances Act, 1908 - Sections 3, 4, 5 and 7; Indian Penal Code (IPC), 1860 - Sections 120, 120B, 121, 302 and 307

Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669

and Sub-section (4) merely provided on alternative mode of proof by way of certification.268. Section 3 of the Evidence Act, 1872 defines evidence as under:'Evidence' - Evidence means and includes:-1)-------------2) all documents including electronic records produced for the inspection … raised pertaining to the alleged deficiencies in the charges.199. Charge No. 1, 9, 12, 15 and 16 read as under:'Firstly, that on and before 13-12.01, … for initiation of proceedings'. The language of this section is in marked contrast with that of the other sections of the group under the same heading i.e. Sections 193 and 195 to 199. These latter sections regulate

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