Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: uttaranchal Page 8 of about 127 results (0.115 seconds)

Baldeo Singh Vs. State

Court : Uttaranchal

..... , p.w.2, kripal singh, p.w.3, vinod panwar and p.w.4, budhi singh, witnesses of fact, did not support the prosecution version, and it appears that they were won over by the defence, but this fact does not affect the authenticity of the prosecution case. ..... at this juncture, it is relevant to take note of section 32 of the indian evidence act, 1872 (in short 'the evidence act') which deals with cases in which statement of relevant fact by a person who is dead or cannot be found, ..... has refuted the submissions of the defence counsel and argued that the dying declaration of the victim is true and free from any effort to induce the deceased to make a false statement and it is coherent and consistent, therefore, the learned trial ..... where a dying declaration is suspicious, it should not be acted upon without corroborative evidence. ..... -81, paras 18-19(i) there is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. ..... therefore, the act done by the accused/appellants comes under section 304 part-i instead of under section 302 ..... dying declaration is only a piece of untested evidence and must, like any other evidence, satisfy the court that what is stated therein is the unalloyed truth and that it is absolutely safe to act upon it. ..... where the prosecution version differs from the version as given in the dying declaration, the said declaration cannot be acted upon. ..... see king john, act v, scene iv ..... aspects are elaborated in section 60 [of the evidence act]. .....

Sanjay Tiwari S/O Sri Nand Ram Tiwari Vs. State of Uttarakhand

Court : Uttaranchal

..... this witness was cross-examined at length by the defence counsel but nothing has come out from his evidence which may create any doubt in his evidence. ..... this witness was cross-examined at length by the defence counsel but nothing has come out from his evidence which may create any doubt in his evidence. ..... above, it is proved that on 7.2.1994 the appellant/accused sanjay tiwari caused injuries on the abdomen of bhagatman gurung and vikram thapa by knife with such intention and knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder. ..... however, he has not filed any oral or documentary evidence in defence.20. ..... however, he has not filed any oral or documentary evidence in defence.9. ..... act), dehradun in s.t. no. ..... act), dehradun vide his judgment and order dated 21.7.1997 convicted and sentenced the appellant/accused as mentioned above. ..... act) convicted the appellant/accused under section 307 of the indian penal code, 1860 (hereinafter to be referred as the ipc) and sentenced him to undergo rigorous imprisonment for a period of six years.2. ..... act), dehradun in s.t. no. .....

Charan Singh and ors. Vs. State

Court : Uttaranchal

..... this witness was cross-examined at length by the defence counsel but nothing has come out in testimony which may create any doubt about his deposition.10. ..... the main ingredient of section 498a ipc is also the act of cruelty by the husband or the relative of the husband of a woman.22. ..... , gurmej singh was examined in defence as dw1.16. ..... however, in defence, they did not produce any documentary evidence on record. ..... , gurmej singh was examined in defence as dw1.8. ..... however, in defence, they did not produce any documentary evidence on record. ..... --for the purpose of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). .....

Bhola Nath and anr. Vs. State

Court : Uttaranchal

..... however, in defence, they did not produce any documentary or oral evidence.8. ..... however, in defence, they did not file any documentary or oral evidence.16. .....

The State Vs. Jan Ali and ors.

Court : Uttaranchal

..... on 2.4.1993, learned additional sessions judge, haridwar framed the charge of offence punishable under sections 304b, 498a and 323 r/w section 34 ipc and one under section 3/4 of dowry prohibition act, 1961 against the respondents/accused. ..... however, they did not produce any oral or documentary evidence in their defence.20. ..... however, they did not produce any oral or documentary evidence in their defence.10. ..... for the charge levelled against them under sections 498a, 304b and 323 read with section 34 of the indian penal code, 1860 (hereinafter to be referred as the ipc) and one under section 3/4 of dowry prohibition act, 1961 (hereinafter to be referred as the act).2. ..... that on the basis of the evidence as discussed above, the prosecution has proved its case against the respondents/accused under sections 304b, 498a and 323 r/w section 34 ipc and further under section 3/4 of the act. .....

Diwakar Prasad, Vs. State of Uttarakhand

Court : Uttaranchal

..... however, they did not produce any oral or documentary evidence in their defence.12. ..... however, they did not produce any oral or documentary evidence in their defence.7. .....

Doon Valley Brewers Ltd. Vs. Commissioner of Commercial Tax and ors.

Court : Uttaranchal

Reported in : (2010)29VST440(NULL)

..... determination of disputed questions-(1) if any question arises, otherwise than in a proceeding pending before a court or before an assessing authority under section 25, section 26 or section 29, whether, for the purpose of this act-(a) any person or association of persons, society, club, firm, company, corporation, undertaking or government department is a dealer; or(b) any particular thing done to any goods amounts to or results in the manufacture of goods within the meaning of that ..... arises from an order already passed, in the case of applicant, by any authority under this act or the tribunal, shall be entertained to be determined under this section. ..... hereinabove, we are satisfied that the impugned order rendered by the tribunal (commercial tax), dehradun dated 18.12.2009 was fully justified.5. ..... sub-section (1) of section 57 of the 2005 act defines precisely the circumstances under which determination of a ..... the veracity of the issue, section 57 of the 2005 act is being extracted hereunder:57. ..... arises consideration in the present revision petition is whether the revisionist could have raised a question for determination of a disputed issue by invoking section 57 of the uttarakhand value added tax act, 2005 (hereinafter referred to as the '2005 act'). ..... been determined, if not directly, then inferentially, as the revisionist was required to pay tax at 32.05%, the question posed for determination must be deemed to have been adjudicated upon under section 25/26 of the 2005 act. .....

Suresh Kumar and Dilla Vs. the State

Court : Uttaranchal

..... section 134 of the indian evidence act provides that no particular number of witnesses shall in any case be required for the proof of any fact and, therefore, it is permissible for a court to record and sustain a conviction on the evidence of a solitary eyewitness. ..... however, they did not produce any oral or documentary evidence in defence.16. ..... however, they did not produce any oral or documentary evidence in defence.9. .....

Vishwanath S/O Haushila Prasad Vs. State of Uttarakhand

Court : Uttaranchal

..... however, they have not produced any oral or documentary evidence in their defence.20. ..... however, they have not produced any oral or documentary evidence in their defence.9. .....

Ram Dhiraj Vs. State of Uttarakhand

Court : Uttaranchal

..... however, they have not produced any oral or documentary evidence in their defence.19. ..... however, they have not produced any oral or documentary evidence in their defence.9. .....