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Sukhar Vs. State of Uttar Pradesh
Supreme Court of India
Oct-01-1999
Criminal
Evidence Act, 1872 - Sections 6, 32 and 33; Indian Penal Code (IPC) - Sections 307; Code of Criminal Procedure (CrPC) - Sections 161
AIR1999SC3883; 1999(2)ALD(Cri)899; (2000)1CALLT52(SC); 2000CriLJ29; 1999(3)Crimes191(SC); JT1999(7)SC537; 1999(6)SCALE280; (1999)9SCC507
is in jail should be released forthwith. The appeal is allowed accordingly. Criminal - admissibility - Sections 6, 32 and 33 of Evidence Act, 1872, Section 307 of Indian Penal Code, 1860 and Section 161 of Criminal Procedure Code,
Tag this Judgment! AI Brief & AskMahila Bajrangi (Dead) Through Lrs. and ors. Vs. Badribai W/O Jagannat ...
Supreme Court of India
Dec-19-2002
PropertyCivil
Evidence Act - Sections 32 and 33; Madhya Pradesh Land Revenue Code, 1959 - Sections 44, 110, 110(4) and 111; Code of Civil Procedure (CPC) , 1908 - Sections 11; Land Acquisition Act
2003(1)ALD85(SC); 2003(2)ALLMR(SC)380; (2003)1MLJ92(SC); (2003)2SCC464; [2002]SUPP5SCR557
Deed (Exb.P7) the statement of Jagannath said to have been made on 13.9.68 in the mutation proceedings.8. Section 32 and 33 of the Evidence Act are considered to be exceptions to the general principle that the best evidence should … of Ex.P-4 (certified copy of deposition of Gopali before Naib Tehsildar on 17.10.69) considered to be relevant under Section 33 of the Evidence Act. Based on the said version and Ex. P-7 certain statements, it was also
Tag this Judgment! AI Brief & AskSharad Birdhichand Sarda Vs. State of Maharashtra
Supreme Court of India
Jul-17-1984
Criminal
Indian Penal Code (IPC), 1860 - Sections 109, 120-B, 201 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 174, 313 and 342; Evidence Act - Sections 8, 32 and 32(1)
AIR1984SC1622; (1984)86BOMLR536; 1984CriLJ1738; 1984(2)SCALE445; (1984)4SCC116; [1985]1SCR88; 1984 INSC 121; MANU/SC/0111/1984; AIR 1984 SC 1623; AIR 1984 SC 1633
statement irrelevant.22. This now brings us to a close consideration of the contents of the letters (Exts. 30, 32 and 33) written by Manju to her sister and friend. We propose to examine the contents of the letters for … a later part of our judgment Coming now to the question of interpretation of Section 32(1) of the Evidence Act, this Court in the case of Ratan Gond v. State of Bihar : 1959CriLJ108 , S.K. Das, J. … because they were not put to the appellant in his statement under Section 313 of the CrPC in order to explain the effect of the
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Ratan Gond Vs. the State of Bihar
Supreme Court of India
Sep-19-1958
Criminal
Evidence Act, 1872 - Sections 24, 32, 32(1) and 33; Indian Penal Code (IPC), 1860 - Sections 302; Code of Criminal Procedure (CrPC) , 1898 - Sections 374
AIR1959SC18; 1959CriLJ108; [1959]1SCR1336
the statements of Aghani were not admissible in evidence either under section 32 or section 33 of the Evidence Act (1 of 1872). As we are of the view that this contention is correct, we are omitting all … occurrence before her statements could be recorded in a judicial proceeding, were not admissible in evidence either under sections 32 or section 33 of the Evidence Act. Section 33 is clearly out of the way because Aghani made
Tag this Judgment! AI Brief & AskAsokan Vs. State of Kerala
Kerala
Aug-03-2005
Criminal
Evidence Act, 1872 - Sections 32(3), 33, 137 and 138; Criminal Law (Amendment) Act, 1952; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 164, 200, 202, 202(2), 209, 244, 273, 306, 306(1), 306(2), 306(3), 306(4), 306(5), 307, 308, 308(2) and 465; Code of Criminal Procedure (CrPC) , 1898 - Sections 207, 207A, 208(2), 251A and 252 to 259
2005CriLJ3848; 2005(3)KLT770
Clause (a) of Sub-section (4) of Section 306 Cr.P.C., is relevant and admissible under Section 33 of the Evidence Act during the subsequent trial in which he is not available for examination by reason of his death in … make it clear that we have not examined the admissibility under Section 32(3) of the Evidence Act of the aforesaid statement of the approver. That … the examination of an approver as a witness under Section 306(4)(a) and the examination of a witness under Sections 200 and 202 Cr.P.C. While in the case of the former, the approver is examined at the post-cognizance
Tag this Judgment! AI Brief & AskJavvadi Sriranganayakulu and anr. Vs. Sabbella Pulla Reddy and ors.
Andhra Pradesh
Aug-14-1997
Trusts and Societies
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 - Sections 2, 2(4), 77(1) and 78; Evidence Act, 1872 - Sections 32, 33 and 35; Land Reforms Act
1998(1)ALD78; 1997(6)ALT173
the certified copy of the deposition, Ex.B18, was read in evidence legally vide Section 33 of the Indian Evidence Act, particularly when no objection had been raised at the time when it was exhibited by the 2nd respondent … would bring a case within any one of the exceptions of Section 32 of the Evidence Act, lies on the party wishing to avail itself … insurer and will be negation of the intention of the Legislature and annihilate mandate of the provisions of Sections 170 and 149 of the Act. The insured can pursue appeal only after giving up the insurer as
Tag this Judgment! AI Brief & AskModi Nathubhai Motilal and ors. Vs. Chhotubhai Manibhai Desai
Gujarat
Jul-27-1961
FamilyProperty
Contract Act, 1872 - Sections 5, 33, 60, 165 and 213; Hindu Law; Hindu Succession Act, 1956 - Sections 4, 6 and 14
AIR1962Guj68; (1962)0GLR418
suit be decided accordingly.' The question is whether in view of the provisions of Section 165 of the Evidence Act, the parties can lead evidence in a manner other than that provided in the Evidence Act. Section 165 … learned Judge referred to the case of Chimmaji v. Dinkar, 11 Bom 320, where a copy of a copy had been admitted in evidence in … must be deemed to have b en abrogated by the Hindu Succession Act of 1956. in particular, by Sections 4 and 6 because under the new Law of Succession, the daughter also gets a share in the … for the appellant relied on Godhanram v. Jahamall Puglia, ILR 40 Calcutta 335 and in particular, on the following observations at page 339; ''It is
Tag this Judgment! AI Brief & AskHarihar Prasad Singh and ors. Vs. Balmiki Prasad Singh and ors.
Supreme Court of India
Dec-10-1974
Civil
Code of Civil Procedure (CPC) - Sections 151 - Order 22, Rules 3 and 4 - Order 41, Rules 4, 20 and 33; Evidence Act - Sections 32(5), 49 and 60
AIR1975SC733; (1975)1SCC212; [1975]2SCR932
- family usages - Sections 151 and Order 22 Rules 3 and 4, Order 41 Rules 4, 20 and 33 of CPC, 1908 and Sections 32 (5), 49 and 60 of Evidence Act, 1908 - specific family usages … persons. But it must be independent opinion based on hearsay, and not mere repetition of hearsay; see Indian Evidence Act, Section 32, sub-s. 5; Sections 49 and 60. Its weight depends on the character of the witness and
Tag this Judgment! AI Brief & AskShyam Singh Hada and ors. Vs. State
Rajasthan
Nov-22-2001
Criminal
Indian Penal Code (IPC) - Sections 302 and 376(2); Evidence Act, 1872 - Sections 32
2002CriLJ1437; RLW2003(3)Raj1918; 2002(1)WLC382
something by a mistake cannot be entertained. In these circumstances, the Apex Court held as under :- '(a) Evidence Act (1872), Section 32 - Evidentiary value of statements as to death. It is not safe to convict an … which they denied and claimed trial. The prosecution examined as many as 33 witnesses in support of its case and got 33 documents exhibited. The … this report, FIR No. 349/96 was chalked out registering crime at PS Kotwaii Bundi for offences punishable under Sections 302 and 376 read with 5.34 IPC against, the appellants and one Purshottam Panwala. After usual investigation, challan
Tag this Judgment! AI Brief & AskTippanna Ramchandra Jannu Since Decd. by His Heirs Vs. Somnath Dnyanob ...
Mumbai
Jan-25-1990
CivilFamily
Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 32, Rule 15; Evidence Act, 1872 - Sections 33
1990(1)BomCR677
concerned, the law is very clear, it cannot be admissible under section 33 of the evidence Act. Because the witness is living. Over and above, … in a position to depose before the Court and this questioning is permissible under section 118 of the Evidence Act. What value the observations of the Court command is a matter which I shall deal with subsequently.13. This … It was alleged that long back on 26th November, 1957, his grand-father Bhagwant had instituted a petition under section 63 of the Indian Lunacy Act, 1912 for declaring Somnath as a lunatic and for appointment of a … the two minor sons and mother Sundrabai instituted Special Civil Suit No. 327 of 1970 claiming the relief that the decree passed in First Appeal
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