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Judgment Search Results Home > Cases Phrase: indian evidence act Page 1 of about 337,387 results (0.250 seconds)

Feb 15 2012 (HC)

Jeyaraj Vs. the State Represented by the Inspector of Police.

Court : Chennai

..... reason to implicate him. accused had approached him for fear of police harassment. he sought his help and through him he had surrendered to police.39. section 24 of the indian evidence act, 1872 prohibits obtaining of confession from a person implicating himself in a crime under threat, coercion, undue influence or out of any inducement or promise of help. the law prohibits ..... poisoned them. thus, they have died.(iv) there is extra-judicial confession of the accused to a non- police/private person/p.w.7. it is relevant evidence under section 24 of the indian evidence act. in the facts and circumstances, merely on account of absence of a writing when the extra-judicial confession is genuine and voluntary, it cannot be brushed aside.(v ..... confession to police. the law does not prohibits confession to non - police persons/ private persons. this has been recognized under section 24 of the indian evidence act. in fact confession is the best form of evidence, because it emanates from the very author/accused. it becomes reliable because, it is made by the maker/accused as against his own interest. but, it ..... to have male children through another wife.(iii) the strained relationship between the accused and his wife/p.w.2.(iv) medical evidence/death by poisoning.(v) extra-judicial confession to p.w.7 - v.a.o.(vi) section 27 indian evidence act recovery.(vii) non-lodging of f.i.r. by the accused.17. in this case, p.ws.1 to 3 namely .....

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Jan 04 2013 (SC)

Ashabai and anr. Vs. State of Maharashtra

Court : Supreme Court of India

..... .evidentiary value of dying declaration:12) about the evidentiary value of dying declaration of the deceased, it is relevant to refer section 32(1) of the indian evidence act, 1872, which reads as under:-32. cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.- ..... 8) . .it is clear from the above provision that the statement made by the deceased by way of a declaration is admissible in evidence under section 32(1) of the evidence act. it is not in dispute that her statement relates to the cause of her death. in that event, it qualifies the criteria mentioned in ..... section 32(1) of the evidence act. there is no particular form or procedure prescribed for recording a dying declaration nor it is required to be recorded only by a magistrate. as ..... a general rule, it is advisable to get the evidence of the declarant certified from a doctor. in appropriate cases, the satisfaction of the person recording the statement regarding the state of mind of the ..... , written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the court unreasonable, are .....

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Jan 18 2013 (SC)

Gopal and anr. Vs. State of Rajasthan.

Court : Supreme Court of India

..... the accused has not taken it, if the same is available to be considered from the material on record. under section 105 of the indian evidence act, 1872 (in short "the evidence act"), the burden of proof is on the accused, who sets up the plea of self- defence, and, in the absence of proof, ..... ., pws 7, 8 and 10 coupled with the fact that the incident occurred in the field of the appellants, who also sustained injuries which is evident from the evidence of the doctor, who examined the injuries of gopal (a-1) and mahesh (a-3)-appellants herein, the stand of the appellants, as rightly ..... person of rameshwar, the appellants ran towards prabhat, who was standing 10 steps away from the place of incident. it is further seen from their evidence that after seeing the incident relating to the death of rameshwar, prabhat started running towards durga-ki-dhani and he was chased by the accused ..... by establishing a mere preponderance of probabilities either by laying basis for that plea in the cross-examination of prosecution witnesses or by adducing defence evidence."the accused need not prove the existence of the right of private defence beyond reasonable doubt. it is enough for him to show as in ..... taking us through the entire material relied on by the prosecution and the defence, learned amicus curiae appearing for the appellants submitted that it is evident from the site plan that the members of the complainants party were the aggressors and they came to the field of the accused persons and .....

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Feb 15 2013 (SC)

Vivek Kalra Vs. State of Rajasthan

Court : Supreme Court of India

..... 9. it is true that pw-5 has stated that the appellant had a good behaviour and had no bad habit. section 8 of the indian evidence act, 1872, however, provides that the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct ..... in fixed deposit. we are, however, of the opinion that where prosecution relies on circumstantial evidence only, motive is a relevant fact and can be taken into consideration under section 8 of the indian evidence act, 1872 but where the chain of other circumstances establish beyond reasonable doubt that it is the ..... must have nexus with the crime committed. it must form part of the evidence as regards his conduct either preceding, during or after the commission of the offence as envisaged under section 8 of the evidence act.the general good behaviour of the appellant and the fact that he had no ..... dantli. he submitted that since the prosecution case is that the appellant used a dantli to cause the death of the deceased, this medical evidence creates sufficient doubt on the prosecution case.5. learned counsel appearing for the state, on the other hand, supported the impugned judgment of the ..... registered a case under section 302, ipc, and after investigation, the police filed a charge-sheet against the appellant under section 302, ipc.3. at the trial, the prosecution did not examine any eye- witness to the murder of the deceased, but produced circumstantial evidence to establish that the appellant had committed .....

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Oct 19 2011 (HC)

Central Bank of India Vs. Korampallam Milk Producers

Court : Chennai

..... that ex.a.9 is not pleaded to be a forged and fabricated one. hence, in such a case the presumption contemplated under illustration (e) to section 114 of the indian evidence act is also available in favour of ex.a.9, which is a public document emerged at the instance of public officials, in the discharge of their duties as public servants ..... the plaintiff, p.w.1 was examined and exs.a.1 to a.9 were marked. on the side of the 10th defendant ex.b.1 was marked. no oral evidence was adduced on the side of the defendants. 6. ultimately, the trial court decreed the suit as against defendants 1, 4, 5, 7 and 8 and as against the 10th .....

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Jan 10 2012 (HC)

Rangaraju Vs. Kannayal and ors.

Court : Chennai

..... same will be given to that person who has applied for it, provided his right of inspection is not taken away by any other provisions of the indian evidence act or by any other law, as opined by this court. 28. as a matter of fact, a certified copy of a public document need not ..... court, bhavani. 22. it has to be pointed out that a document cannot be said to be a public document within section 74 of the indian evidence act, unless it is shown to have been prepared by a public servant in discharge of his official duty as per the decision rendered in s.v. ..... voters list is not a public document and also the same has not been proved in the manner known to law as per section 77 of the indian evidence act. 13. lastly, it is the contention of the learned counsel for the appellant/plaintiff that just because the first defendant is living separately in pachampalayam, ..... madamanchi ramappa and another vs. muthalur bojjappa. 29. section 65(e) of the indian evidence act allows secondary evidence such as certified copy to be given where the original is a public document within the meaning of section 74 of the indian evidence act. it is only for the convenience, the statutory provision has been made for proving ..... prove possession of the property, particularly when it is not a public document as envisaged under section 74 of the indian evidence act? 3. whether the ration card cannot be construed as proof of possession of residential property? the contentions, discussions and findings on substantial .....

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Dec 09 2011 (HC)

Bharathi Credit and Investments Private Limited Vs. S.Seeniraja Velu

Court : Chennai

..... are regularly maintained and are true etc., is not a legally valid and correct one in the eye of law especially under the indian evidence act, which enjoins that if the accounts of a company are maintained properly and if they are kept in the course of ordinary business transaction ..... consequence affecting the merits of the present case. (xxx)at this juncture this court pertinently points out that section 91 of the indian evidence act relates to evidence of terms of contract, grants and other disposition of properties reduced to form of document. this section forbids proving the contents of writing ..... when a written document is available, it is to be produced as the best evidence to prove its contents. it is true that the expression oral evidence as mentioned in section 91 and 92 of the indian evidence act includes not only one adduced by examining on behalf of such party, but also ..... cross examination of witnesses by either side, in relation to it. (xxxii)be that as it may, in the upshot of qualitative and quantitative discussions mentioned supra and on a consideration of the available and oral documentary evidence ..... the said kandasamy and the scribe parasuraman, who has written the pronote,has expired (xiii)p.w.3 (handwriting expert) in his evidence has deposed that he has received a letter on 06.01.2004 from the kovilpatti subordinate court along with certain documents for the purpose .....

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Mar 21 2012 (HC)

Lakshmi Vs. Joint Family Manager M.Ganapathy.

Court : Chennai

..... ) no.568 of 2009.6. the learned counsel appearing for the petitioners had also submitted that the oral evidence adduced by karuppathal, in favour of the petitioners, is admissible, as per section 50 of the indian evidence act, 1872.7. per contra, the learned counsel appearing for the first respondent had submitted that the review application ..... only in i.a.no.651 of 2004. therefore, the observations of the trial court, as well as of this court, that there was no evidence shown to be available, in respect of i.a.no.650 of 2004, was right.8. the learned counsel appearing for the first respondent had also ..... affidavit, wherein she had made certain statements in favour of the petitioners, the trial court had dismissed the claims made by the petitioners, as though no evidence was available on record, in the said interlocutory applications. however, the learned counsel had admitted that the said affidavit of karuppathal, dated 22.6.2006, had ..... no.650 of 2004. further, the petitioners have not been in a position to show that a witness, by name 'subbathal' had let in evidence, in favour of the petitioners in i.a.no.650 of 2004.13. it is also noted that the trial court had also recorded that there is ..... no documentary evidence marked in favour of the petitioners. in such circumstances, it cannot be said that the order passed by the learned district munsif, dharapuram, dated .....

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Jul 24 2012 (HC)

Subramanian. Vs. Palani Alias Palniappan

Court : Chennai

..... , he kept quiet. having met with his waterloo in the litigative battle before the lower court, he wanted to be more cautious and invoke section 73 of the indian evidence act and get better evidence.hence i am of the considered view that the appellate court without any justifiable reason simply dismissed the application warranting interference. accordingly, the order of the lower court is .....

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Jul 04 2012 (HC)

M.Arumugam. Vs. S.N.Ranganathan

Court : Chennai

..... interference."8. a mere poring over and perusal of the cited precedents supra would reveal that the court was not expected to simply by resorting to section 73 of the indian evidence act hold that the court had got subjectively satisfied relating to the genuineness of the disputed signature. in this case, the order of the lower appellate court would reveal that without ..... it chooses to record a finding thereon. the court should avoid reaching conclusions based on a mere casual or routine glance or perusal.19. the trial court had analysed the evidence properly and had dismissed the suit by giving cogent reasons. the first appellate court reversed it by wrongly placing onus on the defendants. its observation that when the execution of .....

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