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eSakshya (e-evidence)

Evidence Act

General Clause Act S. 27 – Notice – Returned with remarks, Door lock, unclaimed etc. – If the notice is issued to the correct address of the accused and if the notice is not able to serve due to the reasons assigned in the said shara, it is deemed that the notice is served to the accused – NIA S. 138. ((2023-4)212 PLR 068, 2023 PLRonline 0120 )

Criminal

Evidence Act S. 32 – IPC S. 302 – Dying Declaration – Of the victim, who had 100% burn injuries, held valid and reliable – A dying declaration is admissible in evidence on the principle of necessity and can form the basis of conviction if it is found to be reliable – CrpC S. 378 – Appeal against order of acquittal – High Court, as an appellate court, can reevaluate evidence independently. [PLRonline # 310901]

Agreements

Agreement to sell – Executed on stamp paper purchased in the name of the plaintiff’s wife, is of no consequence – Can only deem the document to be not properly stamped but cannot hold it to be invalid – Can be admitted in evidence by paying stamp duty and penalty. [ID 210300]

Home Category Evidence Act

Evidence Act

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

Evidence Act

IPC, S. 304-B, Law Summarized

Indian Penal Code, 1860 (45 of 1860), 1860 (45 of 1860), Section 304-B - Evidence Act, 1872 (1 of 1872),...

Evidence Act

IPC S. 306 – Dowry death – For the offence under Section 306, IPC the prosecution needs to first establish that a suicide has been committed

Indian Penal Code, 1860 (45 of 1860), Section 306 - Abetment of suicide – Dowry death - For the offence...

Evidence Act

Dowry death – Presumption of – Chain of circumstances proves that there existed a live and proximate link between the instances of demand of dowry and the death of the deceased

Indian Penal Code, 1860 (45 of 1860), Section 304-B – Evidence Act, 1872 (1 of 1872), Section 113-B – Dowry...

Evidence Act

CrPC, S. 313 – It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense

Indian Penal Code, 1860 (45 of 1860), Section 304-B Evidence Act , Section 113-B. Criminal Procedure Code, 1973 (II of...

Criminal

Evidence Act, S. 113-B

IPC, S. 304-B. Evidence Act , Section 113-B - The prosecution must at first establish the existence of the necessary...

Evidence Act

IPC S. 304-B, Mandatory application of the presumption under Section 113-B of the Evidence Act once the ingredients of Section 304-B of IPC stood proved.

Evidence Act, S. 113-B Mandatory application of the presumption under Section 113-B of the Evidence Act once the ingredients of...

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eSakshya (e-evidence)

Agreement to sell – Executed on stamp paper purchased in the name of the plaintiff’s wife, is of no consequence – Can only deem the document to be not properly stamped but cannot hold it to be invalid – Can be admitted in evidence by paying stamp duty and penalty. [ID 210300]

Evidence Act

IPC, S. 304-B, Law Summarized

IPC S. 306 – Dowry death – For the offence under Section 306, IPC the prosecution needs to first establish that a suicide has been committed

Dowry death – Presumption of – Chain of circumstances proves that there existed a live and proximate link between the instances of demand of dowry and the death of the deceased

CrPC, S. 313 – It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense

Evidence Act, S. 113-B

IPC S. 304-B, Mandatory application of the presumption under Section 113-B of the Evidence Act once the ingredients of Section 304-B of IPC stood proved.

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Evidence Act

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