Judgments - INDIAN EVIDENCE ACT, 1872
RAGHUVEER SHARAN VERSUS DISTRICT SAHAKARI KRISHI GRAMIN VIKAS BANK
BALLA @ FARHAT VERSUS STATE OF MADHYA PRADESH
Ravi Sharma Versus State (Government of NCT of Delhi) and Anr.
Shiv Kumar Singh and another Vs. State of M.P.
Law laid down - For the purpose of invoking the provisions of Section 65 of Indian Evidence Act, 1872, the conditions of Section 63 has to be satisfied first then only secondary evidence can be allowed. Full Judgment
Anil Kumar Kanojia Vs. State of Madhya Pradesh
Law laid down - 1.Evidence of a witness examined in other trial can be relied and used only when exigencies provided under Section 299 of Code of Criminal Procedure, 1973 are fulfilled i.e. if it is proved that witness had absconded or died or there is no immediate prospect of arresting him, without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. 2.If the eventualities mentioned in Section 299(1) of the Code of Criminal Full Judgment
SUSHIL ANSAL VERSUS STATE OF NCT DELHI
Devkaran Vs. State of M.P.
Law laid down - (A) Conviction only on the basis of dying declaration recorded under Section 32 of Evidence Act – Before convicting only on the basis of dying declaration, the Court must act with prudence and due caution and care and in case doubt arises, then it is an obligation to closely scrutinise all the relevant attendant circumstances. Judgments relied upon :– (1) Khushal Rao Vs. State of Bombay [AIR 1958 SC 22]. (2) Panchdeo Singh Vs. State of Bihar [AIR 2002 Full Judgment
Munnalal and Jagdish Vs. State of M.P.
Law laid down - (1) Prosecutrix in a rape case – conviction can be based only on the basis of solitary evidence of prosecutrix but such witness should be of “sterling quality”. Citation relied upon - Krishna Kumar Malik Vs. State of Haryana [(2011) 7 SCC 130] & Rai Sandeep @ Deepu Vs. State (NCT of Delhi) reported in (2012) 8 SCC 21]. (2) While deciding rape case, the Court must also evaluate the impact of such insinuation on a person Full Judgment
Radheshyam vs. Kamla Devi & Others
Law laid down - (1) Under Section 112 of Indian Evidence Act birth during marriage, is conclusive proof of legitimacy, therefore bars DNA testing but when blood relation of siblings is being challenged, there shall be no bar under Section 112 of Indian Evidence Act. Full Judgment
ATLANTA INFRASTRUCTURE LTD. VERSUS DELTA MARINE COMPANY & ORS.
THREE C HOMES PVT. LTD. VERSUS ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6, NEW DELHI
Gurusharan Sahu Versus Chumman Lal Sinha
SATBIR SINGH & ANOTHER Versus STATE OF HARYANA
Sonu Jain, Jiwan and Santosh vs. State of M.P.
Law laid down - Section 302/304 Part-II Indian Penal Code - Single blow- As a Rule of Thumb, it cannot be said that in no case of single blow or injury, accused cannot be convicted under Section 302 of IPC. In cases of single injury, the facts and circumstances of each case have to be taken into consideration before arriving at the conclusion whether the accused should be appropriately convicted under Section 302 or under Section 304 Part-II of IPC. Section 302 Full Judgment
Mariyam Bibi Versus Kutubuddin & Ors
Kuldeep Choudhary @ Kuldeep Yadav & another Vs. State of Madhya Pradesh
Law laid down - Section 32(1) of Indian Evidence Act, 1872 - If nature of injuries found on the person of deceased were not grievous in nature and were not sufficient to cause death, oral dying declaration/statement given by him does not fall within the ambit and scope of “dying declaration” envisaged in Section 32(1) of the Act. The Court needs to examine carefully whether injuries on the person are sufficient to cause death and this depends on the factual matrix Full Judgment
Gudhiya Devi @ Gddhiya Kumari @ Guriya Kumari and Anr Versus The State of Bihar
Ratanlal Vs. State Of Madhya Pradesh
Law laid down - [1] Presumption under Section 114- A of Evidence Act is not available in case of gang rape provided under Section 376-D of IPC after the amendment incorporated in Section 376(2) of IPC and in Section 114-A of Evidence Act by the Act 13 of 2013 dated 03.02.2013 for offences committed after 03.02.2013. [2] Oversight of the legislature cannot be amended or corrected by the Courts. Full Judgment