Court : Chennai
Reported in : (1931)60MLJ302
..... but as i have already stated, there is no evidence to show that there was sufficient attestation within the meaning of section 59 of the transfer of property act and its amending acts. ..... there held that acts xxvii of 1926, x of 1927 and xii of 1927 relating to the attestation of certain documents, are retrospective in their nature, so as to apply to documents executed on a date prior to their coming into force and further that the signatures of the registering officer and of the identifying witnesses affixed to the registration endorsement under sections 58 and 59 of the registration act (xvi of 1908) are a sufficient attestation within the meaning of section 59 of the transfer of property act and its amending acts. ..... it was held that the acknowledgment before the sub-registrar and the signature below the endorsement on the deed amounted to sufficient attestation within the meaning of section 3 of the transfer of property act as amended by the amendment act xxvii of 1926. ..... it is, however, contended that by reason of section 2 of the transfer of property (amendment) act, 1926, the requirements as regards due attestation of a document required to be registered are satisfied in this case because the endorsements made by the sub-registrar, sivaganga, show that the execution of the mortgage deed was admitted by ..... the particulars endorsed on the mortgage bond are those required by sections 58 and 59 of the indian registration act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H65; 1955CriLJ609
..... it is urged that the additional sessions judge's jurisdiction cannot be split up by reference in one instance to clause (2) of section 6 and in a second instance to clause (2) of section 7, criminal law amendment act, but that both these clauses must be read together and when read together it is clear that mr. ..... character in thedecoy witness, there is a real danger that he may pass on the money under some pretext which may perhaps not be guilty in the relevant sense or which may even be wholly innocent, but in giving his evidence may represent that he gave the money for the purpose relevant in the case, feeling confident that having taken care that the money was passed with as little publicity as possible; the case on this ..... it was next urged that this sanction referred to a charge under section 161, indian penal code only, while there were two charges framed against the accused--one under section 161, indian penal code and another under section 5(1)(d), prevention of corruption act, in my opinion there is no 'substance in this objection'. ..... tirath das sehgal, special judge, had jurisdiction in the matter of trial of cases punishable under section 161, indian penal code, and sub-section 2 of section 5, prevention of corruption act, because a notification of the state government had been issued on 6-11-1952 appointing all additional sessions judges as special judges. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(1)ALD(Cri)676; 2004CriLJ1759; I(2004)DMC502SC; [2004(2)JCR164(SC)]; JT2004(3)SC45; 2004(2)SCALE727; (2004)12SCC257
..... the requirement of proof beyond reasonable doubt does not stand altered even after the introduction of section 498a ipc and section 113a of indian evidence act although, the court's conscience must be satisfied that the accused is not held guilty when there are reasonable doubts about the complicity of the accused in respect of the offences ..... section 113b of the indian evidence act, a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in section 113a of the indian evidence act ..... the appellant did not disclose as to what conversation preceded her committing suicide and that there were allegations of cruelty against the appellant, it must be presumed under section 113a of the indian evidence act that the suicide had been abetted by him. ..... in the absence of direct evidence the prosecution has relied upon section 113a of the indian evidence act under which the court may presume on proof of circumstances enumerated therein, and having regard to all the other circumstances of the case, that ..... chhattisgarh : 2001crilj4724 wherein this court observed :'this provision was introduced by the criminal law (second) amendment act, 1983 with effect from 26-2-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four corners of the matrimonial home and hence was not available to .....
Tag this Judgment!Court : Mumbai
Reported in : I(2005)DMC861
..... section 113b of the indian evidence act, a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in section 113a of the indian evidence act ..... her committing suicide and that there were allegations of cruelty against the appellant, it must be presumed under section 113a of the indian evidence act that the suicide had been abetted by him. ..... evidence, therefore, we are no persuaded to invoke the presumption under section 113a of the indian evidence act to find the appellant guilty of the offence under section ..... under section 113a of the indian evidence act, the prosecution has first to establish that the woman concerned committed suicide within a period of seven years from ..... court observed: this provision was introduced by the criminal law (second) amendment act, 1983 with effect from 26.12.1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four corners of the matrimonial home and hence ..... the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.explanation--for the purpose of this section, 'cruelty' means-- (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR640
..... appeal raises questions as to the true construction and effect of section 20 of the indian limitation act (ix of 1908) as amended by the indian limitation amendment act (i of 1927), conflicting decisions in india have made it desirable that their lordships should construe the section, and as in the present case the high court has differed from the trial court on the facts, the evidence must be examined.2. ..... the proviso at the end of the first sub-section of section 20 of the indian limitation act, 1908, was the subject of amendment made by act i of 1927, and the amended sub-section, stands as follows:20(1) where interest on a debt or legacy is, before the expiration of the prescribed period, paid as such by the person liable to pay the debt or legacy, or by his agent duly authorised in this behalf,or where part of ..... applying the amended sub-section to the present case, the learned subordinate judge found on the evidence that the payment of ..... lord macnaghten's language in that case is equally applicable under section s 60 and 61 of the indian contract act-' where the election is with the creditor it is always his intention expressed or implied or presumed, and not any rigid rule of law that governs the application of the money' ..... in the indian limitation act, section 19, which deals with acknowledgments, is not to be read as based upon the theory of implied promise; and it is difficult to see why section 20, which deals with payments, should be regarded as based upon a theory of .....
Tag this Judgment!Court : Mumbai
Reported in : (1926)28BOMLR1196
..... nevertheless, i am of opinion that, under the circumstances of this ease, the abkari inspector, invested with the powers of an officer in charge of a police-station under the criminal procedure code, should be regarded as apolice-officer ' under section 25 of the evidence act, it will be noted that, prior to the bombay amending act xii of 1912, any confession made to a police-officer in charge of a police-station in the course of his investigation of any offence was disallowed. ..... with the utmost respect i am unable to accept that view, which does not appear to me to accord with the true meaning of section 25 of the indian evidence act,fawcett j.1. ..... now, section 25 of the indian evidence act provides :-no confession made to a police-officer shall be proved as against a person accused of any offence,5. ..... how, then, have the indian high courts interpreted section 25 of the evidence act the case of queen v. ..... he is a police-officer within the meaning of section 25, if, in the investigation of offences under a particular act, he exercises the powers of an officer in charge of a police-station for the investigation of a cognizable offence conferred upon him by that act, section 25 of the indian evidence act embodies an important rule, which is to be given effect to as a matter of substance and not as a more matter of form. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom594; (1927)29BOMLR1336
..... by the recent indian divorce (amendment) act 1926 this is now enacted as part of the statutory law of this country. ..... 687 i should like to reserve my final opinion until the matter has been argued before me by counsel, and in particular as to whether there is any difference in india arising from the provisions of the indian evidence act. ..... in his original judgment the learned judge was prepared to pass a decree nisi in favour of the petitioner, but having regard to the evidence on remand he has now come to the conclusion that the petitioner's case must fail because the adultery alleged in the petition, viz. ..... the district judge has not permitted the petitioner to proceed with his claim for damages upon the ground apparently that section 10 of the indian divorce act did not contemplate a claim for damages. ..... it is, therefore, very essential that the learned judge, when he deals with this case further, should be satisfied by independent evidence, which it ought to be quite possible for the petitioner to obtain, that his wife has been living in adultery with the corespondent. ..... i would, accordingly, remand this case to the district court under section 17 of the act for further inquiries and additional evidence on inter alia the following points:-1. ..... there it was held, in effect that the confession of a wife that she has committed adultery is admissible as evidence in a suit for divorce so long as she does not assert that the husband could have had no access at the time of conception. .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR87
..... section 66(b) (now section 66(1)(b)) provided penalty for the consumption of any intoxicant, and the amending act added a provision that, where the concentration of alcohol in the blood of an accused person is shown to be not less than 0.05%, the burden of proving that the liquor consumed was a medicinal or toilet preparation, or was otherwise not prohibited by the act, shall be upon the accused person, and the court shall, in the absence of such proof, presume the contrary. ..... in both the cases the accused have been charged with offences under section 66(1)(b) and section 85 of the prohibition act, and the prosecution have sought to rely on evidence of the alcoholic content of the blood extracted from the veins of the accused. ..... in that case, a person who offered active resistance to the collection of evidence under sub-sections (/) and (2) of section 129a could have been punished under section 186 of the indian penal code, if the person to whom he offered active resistance was a public servant. ..... they are acts of another to which he is obliged to submit and are, therefore, not his testimonial acts in any sense....accordingly, the constitutional validity of section 129a depends upon whether the compulsion warranted by that section requires an accused person to do volitional acts to produce evidence against himself, or whether the compulsion merely requires him to submit to evidence being collected' from him.12. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)1359; 2002BomCR(Cri)313; (2001)4BOMLR258; II(2001)DMC456; 2001(4)MhLj184
..... with section 304b, suitable amendment was also made in the indian evidence act, 1872, and section 113b also was inserted therein by act 43 ..... the simultaneous and consequential amendment of section 113b introduced in the indian evidence act, 1872 lays down presumption as to dowry death, which states ..... observed in para 15 of his judgment that the possibility of sunita's committing suicide cannot be ruled out and has left the matter only at that point without taking into account the ingredients of section 498a of the indian penal code, which was brought on the statute by the criminal law (second amendment) act, 1983 (act 46 of 1983). ..... following order : the appeal is partly allowed.the order acquitting the respondents for the offence under section 302 of the indian penal code is confirmed.the order acquitting first respondent for offence under section 498a is set-aside: instead, the first respondent shri ganpat dinkar shinde is convicted for offence under section 498a of the indian penal code and is sentenced to undergo rigorous imprisonment for one year and to pay a fine ..... gone through the entire evidence on record, so also the impugned judgment and order passed by the additional sessions judge, ahmednagar, and we are of the considered opinion that this appeal will have to be partly allowed with respect of finding of acquittal under section 498a of the indian penal code,recorded against ..... that section 304b (dowry death) was inserted in the indian penal code by act 43 of 1986, section .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All685
..... the real difficulty in recognizing this privilege appears to me to lie in section 105 of the indian evidence act, which compels a criminal court to presume the absence of all circumstances bringing a case within any of the general exceptions in the indian penal code or within any special exception or proviso contained in any other part of the same code, and lays the burden of proving the existence of such circumstances upon the person accused of the offence. ..... it has now been codified, and it appears to me that since the code was enacted, the question is one which has to be decided by the indian penal code and by the indian evidence act of 1872, and not by any maxim, however excellent that maxim may be, which has been universally recognised in england, but has not obtained universal recognition in this country, unless indeed it can be shown beyond room ..... further, it must not be left out of consideration that the indian evidence act of 1872 was intended to be and is an act consolidating, defining and amending the law of evidence. ..... such considerations, it seems to me, might well be adduced as arguments to induce the legislature to amend the law, but when the law of offences has been codified as it has in this country, they are in my judgment entirely out of place in construing the language of the act. .....
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