Showing posts with label Indian Kanoon. Show all posts
Showing posts with label Indian Kanoon. Show all posts

Tuesday, March 29, 2016

Section 29 Indian Evidence Act

IEA 29 : Section 29 of the Indian Evidence Act:

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.—If such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.

India's Important Case Laws and Landmark Judgments on IEA - Section 29 Indian Evidence Act 1872:
Rangappa Hanamappa And Anr. vs State on 8 September, 1953 Bombay High Court 
Shanti And Anr. vs The State on 4 May, 1977 Orissa High Court 
In Re: Mannem Edukondalu vs Unknown on 18 April, 1957 Andhra High Court 
Shri F.P. Gracie vs Shri Vithal Ganpat More on 25 November, 1975 Bombay High Court 
E.Sivanesan vs Satharia Ahle Sunnath Jamath on 10 January, 2011 Madras High Court 
Girish Kumar vs State Of Kerala on 31 October, 2007 Kerala High Court 
Rajan Tiwary vs State Of Bihar Thru.C.B.I on 17 May, 2013 Patna High Court 
Girish Kumar vs State Of Kerala on 31 October, 2007 Kerala High Court

Sunday, March 27, 2016

Section 27 Indian Evidence Act

IEA 27 : Section 27 of the Indian Evidence Act:

How much of information received from accused may be proved.—Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

India's Important Case Laws and Landmark Judgments on IEA - Section 27 Indian Evidence Act 1872:
State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005 Supreme Court of India 
Deoman Upadhyaya vs State on 24 August, 1959 Allahabad High Court 
Naresh Chandra Das And Anr. vs Emperor on 28 August, 1941 Calcutta High Court 
State Of U. P vs Deoman Upadhyaya on 6 May, 1960 Supreme Court of India 
Athappa Goundan And Ors. vs Emperor on 16 March, 1937 Madras High Court 
Vijay Kumar And Anr. vs The State Of Himachal Pradesh on 25 April, 1978 Himachal Pradesh High Court 
Vishal Yadav vs State Of U.P. on 2 April, 2014 Delhi High Court 
Baldeo And Ors. vs Emperor on 23 February, 1940 Allahabad High Court 
Vaman Narain Ghiya vs State on 15 January, 2014 Rajasthan High Court 
State Of U.P. vs Deoman Upadhyaya on 6 May, 1960 Supreme Court of India 

Friday, March 25, 2016

Section 25 Indian Evidence Act

IEA 25 : Section 25 of the Indian Evidence Act:

Confession to police officer not to be proved.—No confession made to a police officer1, shall be proved as against a person accused of any offence.—No confession made to a police officer1, shall be proved as against a person accused of any offence."

India's Important Case Laws and Landmark Judgments on IEA - Section 25 Indian Evidence Act 1872:
Raja Ram Jaiswal vs State Of Bihar on 4 April, 1963 Supreme Court of India 
Vijay Kumar And Anr. vs The State Of Himachal Pradesh on 25 April, 1978 Himachal Pradesh High Court 
Amin Shariff vs Emperor on 21 February, 1934 Calcutta High Court 
Raj Kumar Karwal vs Union Of India And Ors.Withkirpal on 21 March, 1990 Supreme Court of India 
In Jail vs The State Of Maharashtra on 10 June, 2009 Bombay High Court 
The State Of Punjab vs Barkat Ram on 30 August, 1961 Supreme Court of India 
Vaman Narain Ghiya vs State on 15 January, 2014 Rajasthan High Court 
The King-Emperor vs Nilakanta Alias Brahmachari on 15 February, 1912 Madras High Court 
Muthukumarsawmi Pillai And Ors. vs Emperor on 17 April, 1912 Madras High Court 

Thursday, March 24, 2016

Section 24 Indian Evidence Act

IEA 24 : Section 24 of the Indian Evidence Act:

Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.—A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise,1 having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.—A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise,2 having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him."

India's Important Case Laws and Landmark Judgments on IEA - Section 24 Indian Evidence Act 1872:
Vijay Kumar And Anr. vs The State Of Himachal Pradesh on 25 April, 1978 Himachal Pradesh High Court 
Emperor vs Cunna on 21 March, 1920 Bombay High Court 
Mst. Viran Wali vs State on 20 October, 1960 Jammu High Court  
Percy Rustam Basta vs State Of Maharashtra on 16 March, 1971 Supreme Court of India 
K.I. Pavunny vs Assistant Collector on 3 February, 1997 Supreme Court of India 
Vaman Narain Ghiya vs State on 15 January, 2014 Rajasthan High Court 
In Re: Ahamad vs Unknown on 1 August, 1950 Karnataka High Court 
Muthukumaraswami Pillai vs King-Emperor on 17 April, 1912 Madras High Court 
Muthukumarsawmi Pillai And Ors. vs Emperor on 17 April, 1912 Madras High Court 
The King-Emperor vs Nilakanta Alias Brahmachari on 15 February, 1912 Madras High Court 

Monday, March 21, 2016

Section 21 Indian Evidence Act

IEA 21 : Section 21 of the Indian Evidence Act:

Proof of admissions against persons making them, and by or on their behalf.—Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:—
(1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32.
(2) An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable.
(3) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. Illustrations
(a) The question between A and B is, whether a certain deed is or is not forged, A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.
(b) A, the Captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business, showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under section 32, clause (2).
(c) A is accused of a crime committed by him at Calcutta. He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under section 32, clause (2).
(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the coin, as he doubted whether it was counterfeit or not, and that the person did examine it and told him it was genuine. A may prove these facts for the reasons stated in the last preceding illustration. Comments Submission of a letter not containing anything either in favour or against but simply a statement of original defendant, then such letter cannot be taken as that of a substituted defendant, confronting with admissions; Salil Kumar Roy v. Badu Den Bhansali, AIR 1999 Cal 270.

India's Important Case Laws and Landmark Judgments on IEA - Section 21 Indian Evidence Act 1872:
Ajodhya Prasad Bhargava vs Bhawani Shanker Bhargava And Anr. on 8 May, 1956 Allahabad High Court  
Jitender Kumar vs Krishan Chopra on 19 December, 1985 Delhi High Court 
Deoman Upadhyaya vs State on 24 August, 1959 Allahabad High Court 
Hrishikesh Banerjee And Ors. vs Sushil Chandra Moulik on 28 March, 1956 Calcutta High Court 
Badku Joti Savant vs State Of Mysore on 1 March, 1966 Supreme Court of India 
Irsad Alam vs State Of Bihar on 28 January, 2014 Patna High Court 
In Jail vs The State Of Maharashtra on 10 June, 2009 Bombay High Court 
Channoo Mahto And Ors. vs Jang Bahadur Singh And Ors. on 13 December, 1955 Patna High Court 
Vattaparambil Thomas vs State Of Kerala on 6 August, 1973 Kerala High Court 
Balkishan A. Devidayal Etc vs State Of Maharashtra Etc on 31 July, 1980 Supreme Court of India

Sunday, March 20, 2016

Section 69 Indian Evidence Act

Indian Evidence Act, 1872 [Act 1 of 1872]
Part II - On Proof
Chapter V / 5 :  Of Documentary Evidence

IEA 69 : Section 69 of the Indian Evidence Act:

Proof where no attesting witness found.—If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.

India's Important Case Laws and Landmark Judgments on IEA - Section 69 Indian Evidence Act 1872:
Bhagavathiammal vs Marimuthu Ammal on 30 March, 2010 - Madras High Court 
Punathummal Kalladan Janaki vs Parammal Kalladan Madhavi on 13 July, 2011 - Kerala High Court 
Babu Singh & Ors vs Ram Sahai @ Ram Singh on 30 April, 2008 - Supreme Court of India 
(Against The Judgment And Decree vs C.G. Raveendran on 31 October, 2012 - Kerala High Court 
In The High Court Of Judicature vs D.Albert on 29 July, 2015 - Madras High Court 
L. Bakthavatsalam vs R. Alagiriswamy (Died) on 12 October, 2007 - Madras High Court 
Dharmaraj vs Rajalingam on 18 July, 2007 - Madras High Court 
Haradhan Mahatha And Ors. vs Dukhu Mahatha on 3 March, 1993 - Patna High Court 
State Of Haryana vs Shanti Devi on 10 July, 2012 - Punjab-Haryana High Court 
N.Radhabai vs Maruthambal on 26 July, 2011 - Madras High Court 

Section 65 Indian Evidence Act

Indian Evidence Act, 1872 [Act 1 of 1872]
Part II - On Proof
Chapter V / 5 :  Of Documentary Evidence

IEA 65 : Section 65 of the Indian Evidence Act:

Cases in which secondary evidence relating to documents may be given.—Secondary evidence may be given of the existence, condition, or contents of a document in the following cases:—
(a) When the original is shown or appears to be in the possession or power— of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 74;
(f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in 1[India] to be given in evidence2; 1[India] to be given in evidence2;"
(g) when the originals consists of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection. In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.

India's Important Case Laws and Landmark Judgments on IEA - Section 65 Indian Evidence Act 1872:
Smt. Rekha Rana And Ors. vs Smt. Ratnashree Jain on 17 August, 2005 - Madhya Pradesh High Court 
Jamuna Prasad & Ors. vs Shivnandan & Ors on 29 July, 2011 - Madhya Pradesh High Court 
G. Chikkapapanna Alias G.C. vs Smt. Kenchamma (Deceased) By L.Rs on 19 June, 1998 - Karnataka High Court 
Gordhan Lal Agarwal vs Shri Mali Ram &Anr on 21 January, 2013 - Rajasthan High Court 
Kashibai Martand vs Vinayak Ganesh And Ors. on 22 February, 1955 - Bombay High Court 
Arunkumar Pritmalal And Anr. vs Ramanlal Shagubhai on 21 January, 1974 - Gujarat High Court 
Sarvabhauman vs Notavailable on 27 March, 2013 - Madras High Court 
M/S Electro Mechanical Enginee vs Additional District Judge Fast on 1 August, 2012 - Rajasthan High Court 
Yeshwant Rambhau Chondhe Since vs Vilas Bapurao Shinde Since on 28 June, 2007 - Bombay High Court 
Mr. Bharat Singh vs Mr. Hemant Dutt on 16 February, 2015 - Rajasthan High Court - Jodhpur 

Saturday, March 19, 2016

Section 63 Indian Evidence Act

Indian Evidence Act, 1872 [Act 1 of 1872]
Part II - On Proof
Chapter V / 5 :  Of Documentary Evidence

IEA 63 : Section 63 of the Indian Evidence Act:

Secondary evidence.—Secondary evidence means and includes—
(1) Certified copies given under the provisions hereinafter contained1;1;"
(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
(3) Copies made from or compared with the original;
(4) Counterparts of documents as against the parties who did not execute them;
(5) Oral accounts of the contents of a document given by some person who has himself seen it. Illustrations
(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original. COMMENTS Admissibility Application moved for permission to lead secondary evidence based on ground of loss of document. Presence of document proved from the facts pleaded - Allowing secondary evidence not illegal; Sobha Rani v. Ravikumar, AIR 1999 P&H 21. Tape-recorded statements are admissible in evidence; K.S. Mohan v. Sandhya Mohan, AIR 1993 Mad 59. Certified copies of money lender’s licences are admissible in evidence; K. Shivalingaiah v. B.V. Chandrashekara Gowda, AIR 1993 Kant 29.

India's Important Case Laws and Landmark Judgments on IEA - Section 63 Indian Evidence Act 1872:
Jagdish Chand Sharma vs Narain Singh Saini (Dead) Thr. on 1 May, 2015 - Supreme Court of India 
Ms. Sumitra Devi And Ors. vs State And Ors. on 15 May, 2007 - Delhi High Court 
Smt. Lachcho vs Dwari Mal on 5 August, 1985 - Allahabad High Court 
Gaurav Singh vs General Public & Ors on 24 February, 2016 - Patna High Court 
Harijiwan Sahu vs Jairam Sahu And Ors. on 26 September, 1988 - Patna High Court 
Shrichand Girdharilal Batra vs Life Insurance Corporation on 1 October, 1993 - Bombay High Court 
Dayashankar And Others vs Jaishankar Since Deceased on 22 November, 2011 - Chattisgarh High Court 
P.K. Kalliani Amma And Ors. vs M.T. Narayanan Nambiar And Ors. on 22 September, 1914 - Madras High Court 
Devassykutty vs Visalakshy Amma on 29 June, 2010 - Kerala High Court  
Sunil Kumar And Anr. vs Smt. Anguri Choudhari And Anr. on 1 April, 2002 - Madhya Pradesh High Court 
Patel Maganbhai Bapujibhai vs Patel Ishwarbhai Motibhai on 20 April, 1983 - Gujarat High Court 
Cr No.6 Of 2012 vs Surinder Singh And Others on 11 November, 2013 - Punjab-Haryana High Court 
The State Of Maharashtra vs Krishnaawatar Daulatsingh Madan on 2 March, 2012 - Bombay High Court 
Anvar P.V vs P.K.Basheer & Ors on 18 September, 2014 - Supreme Court of India 
Dr. Jeevan Bahadur Samaddar vs Govind Charan Samaddar And Others on 30 May, 2013 - Allahabad High Court 
Kamal Patel vs Ram Kishore Dogne on 4 January, 2016 - Madhya Pradesh High Court 
Chandrakant Bhalchandra Garware vs Anil Prabhakar Naik And Ors. on 9 February, 2000 - Bombay High Court 
R. Saraswathy vs P. Bhavathy Ammal And Anr. on 6 September, 1988 - Kerala High Court 
Kuldeep Singh And Others vs Raj Kumar And Others on 6 November, 2013 - Punjab-Haryana High Court 
Surinder Kaur vs Mehal Singh And Others on 4 December, 2013 - Punjab-Haryana High Court 

Section 57 Indian Evidence Act

IEA 57 : Section 57 of the Indian Evidence Act:

Facts of which Court must take judicial notice.—The Court shall take judicial notice of the following facts:— 1[
(1) All laws in force in the territory of India;]
(2) All public Acts passed or hereafter to be passed by Parliament 2[of the United Kingdom], and all local and personal Acts directed by Parliament 2[of the United Kingdom] to be judicially noticed;
(3) Articles of War for 3[the Indian] Army, 4[Navy or Air Force]; 5[(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any law for the time being in force in a Province or in the State;]
(5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland;
(6) All seals of which English Courts take judicial notice: the seals of all the 6[Courts in 7[India]], and all Courts out of 5[India] established by the authority of 8[the Central Government or the Crown Representative]: the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by 9[the Constitution or an Act of Parliament of the United Kingdom or an] Act or Regulation having the force of law in 7[India];
(7) The accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in 10[any Official Gazette];
(8) The existence, title and national flag of every State or Sovereign recognized by 11[the Government of India];
(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;
(10) The territories under the dominion of 11[the Government of India];
(11) The commencement, continuance, and termination of hostilities between 11[the Government of India] and any other State or body of persons;
(12) The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it;
(13) The rule of the road, 12[on land or at sea]. In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference. If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so, unless and until such person produces any such book or document as it may consider necessary to enable it to do so.

India's Important Case Laws and Landmark Judgments on IEA - Section 57 Indian Evidence Act 1872:
Whether The Building In Question vs Ext. 13 - Allahabad High Court 
N.R. Revanna vs T.V. Mallappa And Ors. on 1 September, 1964 - Karnataka High Court 
Girish Kumar And Anandavalli vs State Of Kerala on 31 October, 2007 - Kerala High Court 
Jit Singh Mohar Singh vs Municipal Committee And Anr. on 23 October, 1959 - Punjab-Haryana High Court 
S. Nagarajan vs Vasantha Kumar And Anr. on 26 November, 1987 - Kerala High Court 
S. Nagarajan, Asst. Collector vs Vasanthakumar And Anr. on 26 November, 1987 - Kerala High Court 
Rajeshwarhwa vs Sushma Govil on 27 October, 1988 - Delhi High Court 
State vs Gopal Singh on 21 September, 1955 - Madhya Pradesh High Court 
Merck Sharp & Dohme Corporation vs Glenmark Pharmaceuticals Ltd. on 7 October, 2015 - Delhi High Court 
Dhan Raj vs Kishni And Anr. on 23 May, 1997 - Rajasthan High Court 

Section 55 Indian Evidence Act

IEA 55 : Section 55 of the Indian Evidence Act:

Character as affecting damages.—In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. Explanation.—In sections 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but 1[except as provided in section 54], evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.In sections 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but 2[except as provided in section 54], evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown."

India's Important Case Laws and Landmark Judgments on IEA - Section 55 Indian Evidence Act 1872:
Deep Chandra vs Ruknuddaula Shamsher Jang Nawab on 11 May, 1949 - Allahabad High Court 
Jibhaoo Harisingh Rajput vs Ajab Singh Fakira Rajput on 22 February, 1952 - Bombay High Court 
Bai Hira Devi And Others vs The Official Assignee Of Bombay on 20 February, 1958 - Supreme Court of India 
Thursday vs By Advs.Sri.R.Reji - Kerala High Court 
Chandran @ Manichan @ Maniyan vs State Of Kerala on 4 April, 2011 - Supreme Court of India 
Thursday vs By Advs.Sri.P.Vijaya Bhanu - Kerala High Court 
Devbrata Shastri vs Krishna Ballabh on 17 February, 1953 - Patna High Court 
Thursday vs Unknown on 12 December, 2008 - Kerala High Court 
Velayudhan vs Sate Of Kerala on 24 June, 2010 - Kerala High Court 
Shankar Raju Banglorkar vs State Of Goa on 25 February, 1992 - Bombay High Court 

Section 54 Indian Evidence Act

IEA 54 : Section 54 of the Indian Evidence Act:

[ Previous bad character not relevant, except in reply.—In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1.—This section does not apply to cases in which the bad character of any person is itself a fact in issue. Explanation 2.—A previous conviction is relevant as evidence of bad character.]

India's Important Case Laws and Landmark Judgments on IEA - Section 54 Indian Evidence Act 1872:
Katikineni Venkata Gopala vs Chitluri Venkataramayya on 30 April, 1940 Madras High Court 
Sm. Banarsi Devi vs Sm. Janki Devi on 28 November, 1957 Patna High Court 
Bai Chaturi W/O Andheribhai vs State on 27 June, 1960 Gujarat High Court 
Bai Chaturi And Ors. vs States on 27 June, 1960 Gujarat High Court 
Charan Singh vs State Of Rajasthan on 17 December, 1996 Rajasthan High Court 
Rama Rao vs Venkataramayya. on 13 March, 1940 Madras High Court 
Gopalakrishna Lakanidhi vs Union Of India And Others on 28 March, 2001 Andhra High Court 
Queen-Empress vs Kartick Chunder Das on 20 July, 1887 Calcutta High Court 
Smt. Leena Katiyar vs State Of U.P. & 2 Others on 22 May, 2015 Allahabad High Court 
Tulsiram Sanganeria And Anr. vs Smt. Anni Bai And Ors. on 22 December, 1961 Orissa High Court 

Thursday, March 17, 2016

Section 50 Indian Evidence Act

IEA 50 : Section 50 of the Indian Evidence Act:

Opinion on relationship, when relevant.—When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, or any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 1869 (4 of 1869) or in prosecutions under section 494, 495, 497 or 498 of the Indian Penal Code (45 of 1860). Illustrations
(a) The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant.
(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant. Comments Contradiction in evidence of relationship of witness of triffle nature, not material in a partition suit; Gowhari Das v. Santilata Singh, AIR 1999 Ori 61.

India's Important Case Laws and Landmark Judgments on IEA - Section 50 Indian Evidence Act 1872:
Bant Singh & Anr vs Niranjan Singh (D) By Lrs. & Anr on 15 January, 2008 Supreme Court of India  
Amar Singh vs Chhaju Singh And Anr. on 31 January, 1972 Punjab-Haryana High Court  
Dolgobinda Paricha vs Nimai Charan Misra & Others on 27 April, 1959 Supreme Court of India 
Naladhar Mahapatra And Anr. vs Seva Dibya And Ors. on 21 August, 1990 Orissa High Court 
Bhogal Paswan And Ors. vs Mt. Bibi Nabihan on 22 August, 1963 Patna High Court 
Niranjan Singh (Dead) vs Bant Singh And Ors. on 27 August, 2003 Punjab-Haryana High Court 
Milkhi Ram vs Milkhi Ram on 10 January, 1996 Himachal Pradesh High Court 
Janki Kahar Alias Jan Ram vs Bideshi Ram And Ors. on 27 February, 1991 Patna High Court 
Bant Singh And Anr. vs Niranjan Singh (D) By Lrs. And Anr. on 15 February, 2008 Supreme Court of India 
Kamal Singh Thakur vs State Of M.P. on 24 August, 1999 Madhya Pradesh High Court 

Section 48 Indian Evidence Act

IEA 48 : Section 48 of the Indian Evidence Act:

Opinion as to existence of right or custom, when relevant.—When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. 

Explanation.—The expression “general custom or right” includes customs or rights common to any considerable class of persons. 

Illustration The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section.

India's Important Case Laws and Landmark Judgments on IEA - Section 48 Indian Evidence Act 1872:
Radhey Shyam Gupta vs Union Of India (Uoi) on 29 October, 2003 - Delhi High Court 
Daniraiji Vrajlalji vs Vahuji Maharaj Chandraprabha on 16 April, 1970 - Gujarat High Court 
Gopasundar Sabatho And Anr. vs Chunilal And Anr. on 10 September, 1954 - Orissa High Court 
Merck Sharp & Dohme Corporation vs Glenmark Pharmaceuticals Ltd. on 7 October, 2015 - Delhi High Court 
Matadeen And 2 Ors vs D.D.C. Sultanpur And Ors. on 8 August, 2012 - Allahabad High Court 
Srimanthi vs Chief Officer on 3 January, 1986 - Karnataka High Court 
Fatten Lall vs Gujju Lall on 1 June, 1880 - Calcutta High Court 
P. Abdul Khadir vs Ajiyur Ahammad Shaiva Ravuthar on 27 September, 1911 - Madras High Court 
Pran Nath Nandi And Ors. vs Sariatullah Sarkar And Ors. on 26 August, 1898 - Calcutta High Court 
Ktc Korea Co. Ltd. vs Hobb International Private Ltd. on 18 March, 2004 - Calcutta High Court 

Section 40 Indian Evidence Act

IEA 40 : Section 40 of the Indian Evidence Act:

Previous judgments relevant to bar a second suit or trial.—The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether such Court ought to take cognizance of such suit, or to hold such trial.

India's Important Case Laws and Landmark Judgments on IEA - Section 40 Indian Evidence Act 1872:
Fatten Lall vs Gujju Lall on 1 June, 1880 Calcutta High Court 
Pushpa Devi vs State Of U.P. Thru. Learned Adj on 23 July, 2015 Allahabad High Court 
Ibne Hasan vs Smt. Hasina Bibi And Ors. on 31 January, 1984 Allahabad High Court 
State Of Bihar vs Radha Krishna Singh & Ors on 20 April, 1983 Supreme Court of India 
City Municipal Council vs C. Ramu on 13 July, 1988 Karnataka High Court 
Daya Sapra vs Vishnu Dutt Sharma on 14 December, 2007 Delhi High Court 
Ramesh Chand Gupta & Ors. vs Union Of India & Anr. on 6 February, 2009 Delhi High Court 
Bishunath Tewari And Ors. vs Mst. Mirchi on 6 May, 1952 Patna High Court 
Moosa vs Sub Inspector Of Police on 23 December, 2005 Kerala High Court 
The State Of Bihar vs Lalu Prasad And Ors. on 20 March, 2008 Patna High Court 

Section 39 Indian Evidence Act

IEA 39 : Section 39 of the Indian Evidence Act:

[ What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.—When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.]2[39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.—When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.]"

India's Important Case Laws and Landmark Judgments on IEA - Section 39 Indian Evidence Act 1872:
Naubat Rai vs Jugal Kishore And Ors. on 1 February, 1949 - Allahabad High Court 
Sunil Kumar Ghosh & Ors vs State Of West Bengal on 18 April, 2008 - Calcutta High Court (Appellete Side) 
Murlidhar Agarwal vs The State Ecvonomic Offences on 22 February, 2011 - Madhya Pradesh High Court 
Dineshkumar Becharbhai Gameti vs State Of Gujarat on 6 August, 1998 - Gujarat High Court 
Inder Sain Gupta And Anr. vs Sushil Kumar And Ors. on 5 August, 1982 - Delhi High Court 
Malik Chand vs Zubeda Begum And Ors. on 25 January, 1974 - Delhi High Court 
State Of Rajasthan vs Bhera on 9 October, 1996 - Rajasthan High Court 
Northern India Cooperative vs Smt. Motia Devi Kapoor And Ors. on 19 December, 2006 - Delhi High Court 
The State Of U.P. And Ors. vs Dr. Atma Ram Chauhan And Ors. on 21 May, 1973 - Allahabad High Court 
Employees' State Insurance vs Swadesh Daily Newspaper on 26 April, 1991 - Madhya Pradesh High Court 

Section 38 Indian Evidence Act

IEA 38 : Section 38 of the Indian Evidence Act:

Relevancy of statements as to any law contained in law-books.—When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book purporting to be a report of such rulings, is relevant.

India's Important Case Laws and Landmark Judgments on IEA - Section 38 Indian Evidence Act 1872:
Abdul Kader Mahomed Jhaveri vs Union Of India And Ors. on 29 August, 1986 Gujarat High Court 
Emperor vs Barendra Kumar Ghose on 26 September, 1923 Calcutta High Court 
Krishna Kumar Mishra And Anr. Etc. vs State Of Bihar And Ors. Etc. Etc. on 19 March, 1996 Patna High Court 
Bakaram Jangaiah And Others vs Gunde Laxmamma (Died) By Lrs. on 24 July, 1998 Andhra High Court 
Hindustan Lever Ltd., Bombay vs The Monopolies And Restrictive on 7 April, 1977 Supreme Court of India 
S.P. Gupta vs Union Of India & Anr on 30 December, 1981 Supreme Court of India 
Pandurabg Sakharam vs The Mahaarashtra Revenue on 1 December, 1972 Bombay High Court 
The State vs Ramprakash P. Puri And Ors. on 20 November, 1963 Gujarat High Court 
The King Emperor vs Barendra Kumar Ghose on 26 September, 1923 Calcutta High Court 
S.P. Gupta vs President Of India And Ors. on 30 December, 1981 Supreme Court of India 

Section 37 Indian Evidence Act

IEA 37 : Section 37 of the Indian Evidence Act:

Relevancy of statement as to fact of public nature, contained in certain Acts or notifications.—When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament 1[of the United Kingdom], or in any 2[Central Act, Provincial Act, or 3[a State Act], or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of His Majesty is a relevant fact.]—When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament 3[of the United Kingdom], or in any 4[Central Act, Provincial Act, or 5[a State Act], or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of His Majesty is a relevant fact.]" 

India's Important Case Laws and Landmark Judgments on IEA - Section 37 Indian Evidence Act 1872:
Emperor vs Barendra Kumar Ghose on 26 September, 1923 - Calcutta High Court 
The King Emperor vs Barendra Kumar Ghose on 26 September, 1923 - Calcutta High Court 
Prahlad S/O Sheshrao Rekhe vs State Of Maharashtra on 15 March, 1990 - Bombay High Court 
Dineshkumar Becharbhai Gameti vs State Of Gujarat on 6 August, 1998 - Gujarat High Court 
N.P. Nathwani vs The Commissioner Of Police on 15 December, 1975 - Bombay High Court 
Mohammed Salim Ibrahim Qureshi vs State Of Gujarat on 3 March, 2006 - Gujarat High Court 
Ram Kant Roy Chowdhry And Ors. vs Bhago Bibee And Ors. on 9 August, 1877 - Calcutta High Court 
Gopal Sen vs The State (Govt. Of Nct Of Delhi) on 31 January, 2008 - Delhi High Court 
Abrar Ahmad vs Union Of India on 1 October, 2010 - Allahabad High Court 
Mallappa Basvantrao Desai vs Tukko Narasinha Mutalik And Ors. on 14 August, 1936 - Bombay High Court 

Section 17 Indian Evidence Act

IEA 17 : Section 17 of the Indian Evidence Act:

Admission defined.—An admission is a statement, 1[oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. Comment s Admissibility is substantive evidence of the fact Admissibility is substantive evidence of the fact admitted while a previous statement used to contradict a witness does not become substantive evidence and merely serves the purpose of throwing doubt on the veracity of the witness; Bishwanath Prasad v. Dwarka Prasad, AIR 1974 SC 117.

India's Important Case Laws and Landmark Judgments on IEA - Section 17 Indian Evidence Act 1872:
Radhy Shyam(D)Thr. Lrs & Ors vs State Of U.P.& Ors on 15 April, 2011 Supreme Court of India
Narayan Govind Gavate Etc vs State Of Maharashtra on 11 October, 1976 Supreme Court of India
Anand Singh & Anr vs State Of U.P. & Ors on 28 July, 2010 Supreme Court of India
Smt. Dhanni And Ors. Etc. vs State Of Rajasthan And Ors. on 22 March, 1982 Rajasthan High Court
Prakash Vishwanath Khute And Ors. vs Special Land Acquisition Officer on 10 July, 2006 Bombay High Court
Motiyan And Etc. Etc. vs State Of Rajasthan And Ors. on 24 September, 1980 Rajasthan High Court
Gunreddy Ramkoti Reddy And Others vs The State Of Andhra Pradesh on 28 April, 2014 Andhra High Court
Radhey Shyam Gupta vs Union Of India (Uoi) on 29 October, 2003 Delhi High Court
Om Prakash & Anr vs State Of U.P. & Ors on 15 July, 1998 Supreme Court of India
State Of West Bengal & Ors vs Prafulla Churan Law & Ors on 4 February, 2011 Supreme Court of India

Tuesday, March 15, 2016

Section 15 Indian Evidence Act

IEA 15 : Section 15 of the Indian Evidence Act:

Facts bearing on question whether act was accidental or intentional.—When there is a question whether an act was accidental or intentional, 1[or done with a particular knowledge or intention,] the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.—When there is a question whether an act was accidental or intentional, 1[or done with a particular knowledge or intention,] the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant." Illustrations
(a) A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively, each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental.
(b) A is employed to receive money from the debtors of B. It is A’s duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive. The question is, whether this false entry was accidental or intentional. The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant.
(c) A is accused of fraudulently delivering to B a counterfeit rupee. The question is, whether the delivery of the rupee was accidental. The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are relevant, as showing that the delivery to B, was not accidental.

India's Important Case Laws and Landmark Judgments on IEA - Section 15 Indian Evidence Act 1872:
Kartar Singh vs State Of Punjab on 11 March, 1994 Supreme Court of India 
Ram Murti vs Bhola Nath And Anr. on 10 August, 1982 Delhi High Court 
Mohmed Amin @ Amin C.R.M.Shaikh vs C.B.I Tr.Its Director on 18 November, 2008 Supreme Court of India 
Daniraiji Vrajlalji vs Vahuji Maharaj Chandraprabha on 16 April, 1970 Gujarat High Court 
Prakash Kumar @ Prakash Bhutto vs State Of Gujarat on 12 January, 2005 Supreme Court of India 
Prakash Kumar @ Prakash Bhutto vs State Of Gujarat on 12 January, 2005 Supreme Court of India 
Prakash Kumar @ Prakash Bhutto vs State Of Gujarat on 12 January, 2005 Supreme Court of India 
Manjit Singh @ Mange vs C.B.I on 25 January, 2011 Supreme Court of India 
The Code Of Criminal Procedure,1889 Law Commission Report 
Philips India Limited vs Ld. Fourth Industrial Tribunal on 26 August, 2003 Calcutta High Court

Monday, March 14, 2016

Section 14 Indian Evidence Act

IEA 14 : Section 14 of the Indian Evidence Act:

Facts showing existence of state of mind, or of body or bodily feeling.—Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant. 1[Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.1[Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question." Explanation 2.—But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.] Illustrations
(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession, to be stolen. 2[(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant.]
(c) A sues B for damage done by a dog of B’s, which B knew to be ferocious. The facts that the dog had previously bitten X, Y, and Z, and that they had made complaints to B, are relevant.
(d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person.
(e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as proving A’s intention to harm B’s reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B.
(f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith.
(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A’s defence is that B’s contract was with C. The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C’s own account, and not as agent for A.
(h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the notice did not disprove A’s good faith.
(i) A is charged with shooting at B with intent to kill him. In order to show A’s intent, the fact of A’s having previously shot at B may be proved.
(j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing intention of the letters.
(k) The question is, whether A has been guilty of cruelty towards B, his wife. Expressions of their feeling towards each other shortly before or after the alleged cruelty, are relevant facts.
(l) The question is, whether A’s death was caused by poison. Statements made by A during his illness as to his symptoms, are relevant facts.
(m) The question is, what was the state of A’s health at the time when an assurance on his life was effected. Statements made by A as to the state of his health at or near the time in question are relevant facts.
(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured. The fact that B’s attention was drawn on other occasions to the defect of that particular carriage, is relevant. The fact that B was habitually negligent about the carriages which he let to hire, is irrelevant.
(o) A is tried for the murder of B by intentionally shooting him dead. The fact that A, on other occasions shot at B is relevant, as showing his intention to shoot B. The fact that A was in the habit of shooting at people with intent to murder them, is irrelevant.
(p) A is tried for a crime. The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant.

India's Important Case Laws and Landmark Judgments on IEA - Section 14 Indian Evidence Act 1872:
L. Bakthavatsalam vs R. Alagiriswamy (Died) on 12 October, 2007 Madras High Court 
Vaman Narain Ghiya vs State on 15 January, 2014 Rajasthan High Court 
Brundaban Chandra Dhir Narendra vs The State Of Orissa In The Revenue on 19 September, 1952 Orissa High Court  
D. Shanthalakshmi And Ors. vs State Of Tamil Nadu And Ors. on 21 August, 1981 Madras High Court 
Chandrakant Jha vs State on 27 January, 2016 Delhi High Court 
Indravadan Parshotamdas Desai vs Indravadan Ambalal Mehta And Ors. on 23 January, 1968 Gujarat High Court 
Emperor vs Goma Rama on 23 June, 1944 Bombay High Court 
Emperor vs Panchu Das And Anr. on 13 February, 1920 Calcutta High Court 
Four Bhai Private Ltd. vs Walaiti Ram And Anr. on 28 February, 1973 Delhi High Court 
Balukishan A. Devidaval vs The State Of Maharashtra on 19 January, 1974 Bombay High Court 
Additional District Magistrate, vs S. S. Shukla Etc. Etc on 28 April, 1976 Supreme Court of India 
Jayendra Vishnu Thakur vs State Of Maharashtra on 11 May, 2009 Supreme Court of India 
Balkishan A. Devidayal Etc vs State Of Maharashtra Etc on 31 July, 1980 Supreme Court of India  
Additional District Magistrate, vs Shivakant Shukla on 28 April, 1976 Supreme Court of India  
State Of West Bengal And Anr vs E.I.T.A. India Ltd. And Ors on 5 March, 2003 Supreme Court of India 
Duli Chand (Dead) By L.Rs vs Jagmender Dass on 8 December, 1989 Supreme Court of India  
State Of Punjab & Ors vs M/S. Amritsar Beverages Ltd. & Ors on 8 August, 2006 Supreme Court of India 
Sardul Singh Caveeshar vs The State Of Bombay(And Connected on 23 May, 1957 Supreme Court of India 
Harcharan Singh vs Smt. Shivrani And Ors. on 20 February, 1981 Supreme Court of India  
American Home Products vs Mac Laboratories Private Limited on 30 September, 1985 Supreme Court of India