Judgment Search Results Home > Cases Phrase: indian evidence act 1872 section 150 procedure of court in case of question being asked without reasonable grounds Page 1 of about 1,275 results (1.717 seconds)

Petitioner Vs. Respondent

Court : Chennai

..... procedure of court in case of question being asked without reasonable grounds), 151 (indecent and scandalous questions) and section 152 (questions intended to insult or annoy) of the indian evidence act, 1872. disposition: 44. on a careful consideration of respective contentions, this court, bearing in mind the entire conspectus of the attendant facts and circumstances of the present case ..... petition. (iv) in fact, section 87(1) of the representation of the people act, 1951 confers a discretionary power on the high court to refuse to summon any witness only when it is of the earnest view that the evidence of the said witness is not material or that the party tendering such witness is indulging ..... regards the plea of violation of section 77(1) and 77(2) of the act. discussions: 29. at the out set, this court significantly points out that the aspect of non-production of a document or not summoning of a document/evidence either due to inadvertence or otherwise may not be a ground to reject the .....

State Vs. Govindaswamy

Court : Kerala

..... , we are constrained to bring the aforesaid aspects to the notice of the bar council of kerala and the bar council of india, under section 150 of the indian evidence act, 1872.366. in kusuma ankama rao v. state of a.p. [(2008)13 scc257, it was held, "the conditions precedent in the words of this court, ..... character assassination have been done by way of such cross examination as against the innocent victim as well as other innocent persons.359. section 148 of the indian evidence act, 1872 states:- "court to decide when question shall be asked and when witness compelled to answer:- if any such question relates to a matter not relevant to ..... decisions noted supra are clearly applicable to the facts and circumstances of this case. when such ingredients are proved, the said presumption under section 114 of the indian evidence act can clearly be attracted.292. pw81 produced back the accused before the judicial first class magistrate's court, wadakkanchery, along with ext.p94 remand report. ext .....

Mr. H.N. Rai and ors. Vs. Shri Ajay Mohan and ors.

Court : Mumbai

Reported in : 2008(5)BomCR893

..... by calling upon the witness to identify his signature by covering the rest of the portion of the document is concerned, and that the relevant sections of the indian evidence act 1872, also do not directly relate to the matter in controversy.13. in the result, the petition is dismissed with costs quantified at rs. 10,000/- to ..... want to adopt this mode, which would have serious ramifications on the system.9. here, reference may be made to sections 159, 160 and 161 of the indian evidence act, 1872. though directly not applicable, the underlying principles can be borrowed from them and can be of some guidance and assistance in the facts of the present case. these ..... his signature by covering rest of the portion of the document.6. inviting my attention to sections 136, 137, 145, 146, 147 and 155 of the indian evidence act, 1872, the learned counsel for the petitioners submitted that since genuineness of the document was in dispute the petitioners were entitled to show only the relevant part of the .....

Emperor Vs. Savlimiya Miyabhai

Court : Mumbai

Reported in : (1944)46BOMLR589

..... and that he would not be able to return for a week. it was only on the strength of' that evidence that the learned sessions judge brought on record the mamlatdar's evidence before the committing magistrate under section 33 of the indian evidence act, 1872, and he seems to have; done so readily because the defence advocates had no objection to its being brought on ..... that the prisoners had not been prejudiced by the admission of the illegal evidence, then having regard to the provisions of section 167 of the indian evidence act, 1872, we should not interfere.6. after these observations it was found in that particular case that the evidence remaining after the exclusion of the inadmissible evidence, on which a jury might not unreasonably find the accused, guilty, did .....

Appavu Chettiar Vs. Nanjappa Goundan and ors.

Court : Chennai

Reported in : 20Ind.Cas.792; (1913)25MLJ329

..... to me that they cannot withstand careful consideration.37. in support of the contentions last referred to, reliance was placed in the first place on section 58 of the indian evidence act. section 58 provides that certain facts need not be proved: that a person need not prove the existence of such of the facts alleged by him to exist, and ..... admission in a pleading it seems to me to be a different thing from such an admission as is contemplated by the 17th and the following sections of the indian evidence act. by an admission in pleadings we generally understand a concession made by one of the parties that a fact alleged in the pleading of the party opposed to him ..... brother i should have said that i have no doubt that it cannot be so and should have thought it unnecessary to consider for this purpose the sections of the indian evidence act relating to admissions in detail, as i now proceed to do.26. before doing so, however, i must point out that the statement in question is contained in .....

Srimati Nagendra Nandini Dassi Vs. Bhola Nath Khamaru

Court : Kolkata

Reported in : 169Ind.Cas.1002

..... referred to in the sale-deeds.13. on the position indicated above, the plaintiff wanted to call into her aid, proviso (2) of section 92 of the indian evidence act and prove the existence of a separate oral agreement as to matters on which the sale-deeds were silent, and which were not inconsistent with the terms of ..... the judgment of their lordships of the judicial committee of the privy council in tyogaraja mudaliyar v. vedaihanni , to the effect that section 92 of the indian evidence act only excludes oral evidence to vary the term of a written contract, and has no reference to the question whether the parties had agreed to contract on the terms set ..... , amount of consideration mentioned in a registered sale-deed is inadmissible, and that if such a course was permissible, the protection afforded by section 92 of the indian evidence act would be completely nullified, is amply supported by the wording of the section itself, and is in consonance with the decision of courts; and we do not .....

Emperor Vs. Ramchandra Shankarshet Uravane

Court : Mumbai

Reported in : (1933)35BOMLR174

..... her to state what her husband told her in consequence of which she did a particular thing or refrained from doing a particular thing. under section 120 of the indian evidence act the wife of an accused person is a competent witness. under section 122 the wife is not permitted to disclose any communication made by the husband during marriage ..... proceeds.] with regard to lilavati, it is urged that certain statements made by her in her deposition come within the prohibition laid down in section 122 of the indian evidence act. it is urged on behalf of the crown that objection was taken only to the threat which was given by the accused in order to prevent her from giving ..... , the high court can go into the facts and decide for itself whether the accused is guilty or innocent.6. under section 167 of the indian evidence act,the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the court before .....

Faisal Vs. State of Kerala

Court : Kerala

..... subjected to lengthy and searching cross examination, nothing could be brought out in order to discard or disbelieve his testimony. according to section 133 of the indian evidence act, an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of ..... an accomplice. at the same time, we are aware of the rule of prudence contained in illustration (b) to section 114 of the indian evidence act, which gives a clear caution that an accomplice is unworthy of credit unless he is corroborated in material particulars. let us examine whether the prosecution has ..... the said information furnished by a5, which led to the discovery of the said place and the aforesaid material objects, is clearly admissible in evidence under section 27 of the indian evidence act.97. according to pw79, the photographs of that place were caused to be taken by the department photographer. ext.p58 series are the .....

Qazi Sharaf Ahmed Vs. Dau Singh

Court : Rajasthan

Reported in : AIR1996Raj227; 1996(2)WLC608; 1996(1)WLN400

..... expressed in the case ofshankar lal (supra) inasmuch as relevancy of the judgment, order or decree under section 43 read with section 13(b) of the indian evidence act as a particular instance are independent with its intrinsic testimonial value. if a judgment, order or decree passed by the court is made receivable under section 13 ..... the controversy on hand and to adjudicate the question effectively as formulated in preceding paragraph the provisions of section 43 as well as section 13 of the indian evidence act are quoted below for ready reference:-43. judgments etc. other than mentioned in sections 40 and 42 when relevant.-judgments, orders or decrees other than ..... to the matters of public nature relevant to the enquiry for the proceedings pending before such court.12. in my humble opinion under section 42 of the indian evidence act the relevancy of judgments, orders or decrees have nexus with the suits which are ordinarily filed either in the representative capacity under order 1, rule 8 .....

1)p.Veerasamy Vs. V.Soundararajan

Court : Chennai

..... of the trial court was that the plea taken by the defendants was beyond the terms of the agreement and that as per section 92 of the indian evidence act, no oral evidence can be admitted which would be contradictory to the terms of the written agreement. in other words, the finding is that, the contention of the defendants ..... proviso (6).-- any fact may be proved which shows in what manner the language of a document is related to existing facts.". 22.section 92 of the indian evidence act has to be read along with proviso no.1 which speaks about facts invalidating the document; proviso no.2 separate oral agreement as to matters which are silent ..... amount to contradicting/varying/adding/ subtracting the terms of the written sale agreement is certainly inadmissible as per the provisions of section 91 and 92 of the indian evidence act and the courts below have rightly applied the law and has arrived at the correct conclusion. 14.from the contentions raised, the issue to be considered is .....