Court : Delhi
..... (3) nothing in this section shall be deemed- (a) to affect sections 123 and 124 of the indian evidence act, 1872 (1 of 1872 ), or the bankers' books evidence act, 1891 (13 of 1891 ) or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in ..... the police station, may request the concerned io for an acknowledgement, (vi) in the event, the suspect / accused is directed to appear at a place other than the police station (as envisaged under section 41a(1)crpc), the suspect will be at liberty to get the acknowledgement receipt attested by an independent witness if available at the spot in addition to getting the same attested by the concerned investigating officer himself. ..... (1) the police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable that he has committed a cognizable offence, to appear before him ..... our attention to above circular no.8/2011 referred which is concerned with provisions of arrest as per the crpc (amendment) act, 2008 w.p. ..... (c)no.7608/2017 page 8 of 15 procedure for issuance of notices/order by police officers under sections 41a (i) police officers should be mandatorily required to issue notices under section 41a crpc (in the prescribed format) formally to be served in the manner and in accordance with the terms of the .....
Tag this Judgment!Court : Delhi
Reported in : 35(1988)DLT34; 1988(15)DRJ19
..... the earlier section enabled the accused to make use of the said statement to impeach the credit of a witness in the manner provided by indian evidence act, 1872, the amended section of 1923 enabled the accused to use it to contradict the witness in the manner prescribed by section 145. ..... been reduced into writing as aloresaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872), and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his ..... '(16) under the evidence act, 1872, the previous statement of the witness can be used to contradict the witness, (section 145), to impeach his credit (section 155) and to corroborate his testimony (section 157). ..... ' cases (1) where information is received as to the commission of a cognizable offence (section 154), (ii) where information is received as to the commission of a non-cognizable offence (section 155) and (iii) where information is received that a person has committed suicide or has been killed by another or by an animal or machinery or by accident or has died under circumstances raising a suspicion that an offence has been committed. .....
Tag this Judgment!Court : Delhi
Reported in : 1968CriLJ675; 3(1967)DLT419
..... shri lakhi very strongly argues that according to section of the indian evidence act.ntoifications of the central government or of a state government are required to be proved, only by a document purporting to be printed by order of any such governmant and there is no toher mode of proof of such ntoifioations. ..... a complaint under section 7 criminal law amendment act, 1932, coupled with sections 353/147/149, indian penal code, was among tohers presented in the court of shri jagmohan, magistrate 1st class on 3rd may, 1967 in which the present petitioner was summoned for 10th may, 1967 ..... 10 of the criminal law amendment act, 1932 is published, declaring offences under section 188, indian penal code, when committed in delhi, to be buth cognizable and ..... after making areference to section '57/ of the indian evidence, act the jearned counsel for the petitioner has emphasised that section 57 .does nto ..... learned counsel has drawn our attention to section 10 of the criminal law amendment act no. ..... (3) the 'learned counsel for the petitioner has confined- his arguments before us to the narrow point that an offence under section 188, indian penal code, is bailable and without actual production and formal proof of the ntoification converting this offence .into a non-bailable offence, the petitioners, detention, particularly after-the order,forhis.release on bail ..... the offence under section 7, criminal law amendment act, is, as per section 9 of the same act, buth cognizable and non-bailable .....
Tag this Judgment!Court : Delhi
..... both section 304-b indian penal code and section 113-b of the evidence act were inserted by dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of ..... we may also note that the presumption under section 113-b of the indian evidence act has been enacted to check the menace of the dowry deaths and in appreciating the evidence, the social background of the legislation cannot ..... presumption can easily be drawn under section 113b of the indian evidence act against the appellant. ..... "soon before her death" used in section 304b indian penal code and section 113b of the evidence act is present with the idea of proximity test ..... "soon before her death" used in the substantive section 304-b indian penal code and section 113-b of the evidence act is present with the idea of proximity test. ..... "soon before" is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. ..... as per the definition of "dowry death" in section 304-b indian penal code and the wording in the presumptive section 113-b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been "soon before her death" subjected to cruelty or harassment "for or in connection with the demand ..... a conjoint reading of section 113-b of the evidence act and section 304-b indian penal code shows that there must be material to show that soon before her death the victim was subjected to cruelty .....
Tag this Judgment!Court : Delhi
..... both section 304-b indian penal code and section 113-b of the evidence act were inserted by dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of ..... we may also note that the presumption under section 113-b of the indian evidence act has been enacted to check the menace of the dowry deaths and in appreciating the evidence, the social background of the legislation cannot ..... presumption can easily be drawn under section 113b of the indian evidence act against the appellant. ..... "soon before her death" used in section 304b indian penal code and section 113b of the evidence act is present with the idea of proximity test ..... "soon before her death" used in the substantive section 304-b indian penal code and section 113-b of the evidence act is present with the idea of proximity test. ..... "soon before" is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. ..... as per the definition of "dowry death" in section 304-b indian penal code and the wording in the presumptive section 113-b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been "soon before her death" subjected to cruelty or harassment "for or in connection with the demand ..... a conjoint reading of section 113-b of the evidence act and section 304-b indian penal code shows that there must be material to show that soon before her death the victim was subjected to cruelty .....
Tag this Judgment!Court : Delhi
Reported in : 162(2009)DLT688
..... believe that such like cases prevailed upon the parliament to amend section 498a ipc and to insert section 113a of the indian evidence act as collecting direct evidence of instigation/abetment in such cases is difficult.34. ..... law underwent a further change with the introduction of section 304b in the penal code and section 113b in the evidence act by the dowry prohibition (amendment) act, 1986. ..... of the appellant committed suicide and since 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 113-a of the indian evidence act that the suicide had been abetted by him. ..... on such slender evidence, therefore, we are not persuaded to invoke the presumption under section 113-a of the indian evidence act to find the appellant guilty of the offence under section 306 ipc. ..... first appellant decided to bring an end to her life and in such a case it cannot be said that the appellants are instigators or abettors for the suicide committed by the deceased and therefore the presumption under section 113a of the indian evidence act was wrongly drawn.18. ..... of proof beyond reasonable doubt does not stand altered even after the introduction of section 498-a ipc and section 113-a of indian evidence act. ..... of madhya pradesh : air 2002 sc 1998 it was held:14 ..... state of haryana : 2002 (10) scc 76iii) hiralal ..... of andhra pradesh 2002 scc (crl. ..... of orissa : 2002(2) scc 619. ..... air 2002 sc 1998 .....
Tag this Judgment!Court : Delhi
Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)
..... 1962, in respect of assessment years up to and including assessment year 1961-62, in proceedings for the said assessment years taking place under indian income-tax act, 1922, the declaration of their confidential nature and the prohibition against a court requiring any public servant to produce before it any such documents, etc.or to give evidence before it in respect thereof laid down in section 54(1), and the liability of a public servant to punishmnent for disclosure of any particulars contained in such documents, etc. ..... the decree-holders preferred an appeal to the supreme court, and it was contended before the supreme court that in view of section 20 clause (1) of the civil procedure (amendment) act, 1951. ..... (5) by section 9 of the taxation laws (amendment) act no. ..... the privy council held that the liability in section 7 (2) (c) of the acts interpretation act was used to connote something quite different from the liability referredto in section 5 of the act of 1958, and that section 5 being merely introductory, even when read in conjunction with section 9, did not confer on the dependents any rights until the death of the worker, and accordingly there was no liability preserved by section 7 after the amendment of the act of 1958. ..... the rights of the dependents and the liabilities of the employer under the 1958 act were preserved by section 7(2) (c) of the acts interpretation act, 1958, and thus not affected by the amendment act of 1965. .....
Tag this Judgment!Court : Delhi
Reported in : 153(2008)DLT693
..... 'this situation also drew the attention of the law commission which recommended, in its 113th report, an amendment to the indian evidence act - by introducing section 114-b in order to provide for an alleged offence of having caused bodily injuries to a person while in police custody, if there is evidence then the court may presume that the injury was caused by the police officer having the custody of that person during that period, unless the police officer proves to the contrary. ..... made before learned metropolitan magistrate who did not stick to their earlier statements have not become irrelevant or inadmissible in view of section 33 of indian evidence act.x) the counsel for the appellant contended that the trial court erred in holding that section 80 of the indian evidence act obliges the court to presume a document purporting to be a record on memorandum of evidence or of any part of the evidence given by a witness in a judicial proceeding taken in accordance with law and purporting to be signed by a judge or magistrate is genuine and that statements ..... ram singh 2002 (1) jcc 385 the hon'ble supreme court held as under:value of the post mortem report by itself is not a substantive piece of evidence, but the evidence of the doctor conducting the post mortem can by no means be ascribed to be insignificant. ..... 155/87, 294/87, 399/86 and 400/87, ps vivek vihar.4b. .....
Tag this Judgment!Court : Delhi
Reported in : 1974CriLJ1346
..... a police-officer in the course of an investigation under this chapter shall if reduced to writing be signed by the person making it or be used as evidence against the accused.nothing in this section shall be deemed to affect the provisions of section 27 of the indian evidence act, 1972.section 162 was again amended by act 5 of 1898 and then it became:(1) no statement made by any person to a police-officer in the course of an investigation under this chapter shall if ..... the accused and if so permitted by the court, by, the prosecution to contradict the witness in the manner provided by section 145 of the indian evidence act, 1872;(c) the contradiction will be obtained in the manner provided by section 145 of the indian evidence act of 1872 and will enjoy the status of evidence within its scope.the cross-examination of the witness either by the accused or the prosecution with the permission of the ..... taken down in writing be signed by the person making it nor shall such writing be used as evidence:provided that, when any ..... section 155 of the indian evidence act being directly concerned with the impeaching of the credit of a witness clause 3 therein apart from other provisions in that act .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi261
..... the indian railways (amendment) act, 1961 had effected far-reaching changes in the indian railways act, as it stood before prior to the amendment act the responsiblity of the railway administration, with respect to loss, non-delivery ..... was decided under the indian railways act as it stood before its amendment by the railways (amendment) act 1961. ..... - (a) are in a defective conditin as a consequence of which they are liable to damage, deterioration, leakage or wastage, or (b) are either effectively packed or packed in a manner not in accordance with the general or special order, if any, issued under sub-section (4), and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage and the fact of such condition or defective or improper packing has been recorded by the sender or his agent in the forwarding note ..... goods were, at the time of delivery to the railway administration, in a defective conditionor were at that time either defectively packed or packed in a manner not in accordance with the general or special order, if any, issued under sub-section (4) and as a consequence of such defective conditionor defective or improper packing were liable to damage, deterioration, leakage or wastage, and (b) that such defective condition or defective or improper packing was not brought to the notice of the railway ..... but there is no evidence thatt fact of defective packing was recorded by the sender in the ..... did not produce any rebuttal evidence. .....
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