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...person's mind. The courts can only do so by deducing the existence of a particular state of mind from the facts of a case. Section 14 of the Indian Evidence Act, 1872, provides as follows...Section 14, Evidence Act.”(emphasis supplied)43. Dr Gauri Shankar then submitted that in any event facts...the Indian market nine new products of the appellant including “Dristan” tablets. On August 18, 1958, the appellant filed an application under Section 14(1) of the Trade Marks Act, 1940 (Act 5 of 1940...
...Judge. On behalf of the Crown it is contended that the evidence which has been ruled out by the Sessions Judge was rightly admitted either under Section 14 or under ...evidence was ruled out on the ground that Section 14 of the Evidence Act applies to cases where a particular act ...appears to me that Section 14 of the Evidence Act does not justify the admission of the evidence which has been...
...corroborating evidence, on the principle adumbrated in Section 157 of the Evidence Act.14. Vivian Bose, J. has observed in ...ambit of Section 157 of the Evidence Act. Any former statement made by a witness at or about the time when the incident took place becomes usable as of corroborative value under Section 157 of the...made by the witness can be used for corroborating his own testimony as provided in Section 157 of the Evidence Act.13. The words “at or about the time” in Section 157 of...
...Courts Act for disposal of the suit. Under Section 14, provisions of the evidence Act are attracted. Under Section 15 thereof oral evidence is to be recorded an...S.C Mahapatra and V.P Goel, JJ.:— This is an appeal under Section 19 of the Family Courts Act, 1984.2. Respondent filed a suit in the court of Munsif for declaration that...of recording of such evidence has also been indicated in the said provision. Evidence of persons which is of a formal character can be introduced in the court by affidavit as is provided under Section...
...object of Section 145 of the Evidence Act.14. For instance, in the instant case, if PW 11 had been examined under Section 164 of the Code of Criminal Procedure or....12. The High Court then sought to exclude the evidence of PW 11 as being inadmissible as the provisions of Section 145 of the Evidence Act were not complied with. It...contradictory statement unless it has been put to him, as required by Section 145 of the Evidence Act.”16. The statement made by PW 11 was, therefore, an...
...-B(4) of the Indian Evidence Act.9. The argument of the learned counsel for the petitioner is that the Family Court failed to notice and to give effect to Section 14 of the...Indian Evidence Act 1872 to the proceedings before them and further erred in refusing to receive the uncertified CD in evidence. The argume...Evidence Act, provided the Family Court is of the opinion that the matter before it is essential for the effective resolution of the dispute in the proceeding. Understood in the light of the object and scheme of the Act, ...
...Section 9D of the Central Excise Act, 1944 (hereinafter referred to as “the Act”) by relying upon the statements recorded under Section 14 of the Act without first admitting them in ....(iii) Statements recorded during investigation, under Section 14 of the Act, whose makers are not examined in chief before the adjudicating authority, i.e before Respondent No 2, would have to be eschewed f...in the interests of justice.17. In fact, Section 138 of the Indian Evidence Act, 1872, clearly sets out the sequence of evidence, in which evidence-in-chief...
..., their statements cannot be used as evidence under Section 32 of the Evidence Act, 1872. The High Court has rightly observed so. But those two statements (Ext. P-71 and Ext. P-75, respectively) were relied on by t...-75) are admissible as relevant under Section 6 of the Evidence Act they become substantive evidence. So we have to consider whether Ext. P-71 and Ext. P-75 could be treated as res gestae....15. The principle of law embodied in Section 6 of the Evidence Act is usually known as the rule of res gestae recognised in English law. The essence of the doctrine is that a fact which...
...S.B Sinha, J.— Leave granted. Interpretation of the provisions of Section 299 of the Code of Criminal Procedure, 1973 (for short “the Code”), Section 33 of the Evidence Act, 1872 as also ...of the Evidence Act and Section 14(5) of TADA being cognate provisions, each one of them has a distinct role to play, although the provisions thereof may have been overlapping to some extent....2. TADA being a special statute and having an overriding effect on other statutes as would appear from Section 25 thereof, sub-section (5) of Section 14 thereof must ...
...reference to Section 145 of the Indian Evidence Act, 1872 (in short “the Evidence Act”) it was submitted that since the Investigating Officer was not examined, it caused great prejudice as the accused...110.12. The requirement of compliance with Section 145 of the Evidence Act was highlighted by the learned counsel for the accused-respondents....13. The question of contradicting evidence and the requirements of compliance with Section 145 of the Evidence Act has been considered by this Court in the Constitution Bench decis...
...constitutionality of the provisions of Section 27 of the Evidence Act. It could not, therefore, be said to have laid it down that such evidence could not be adduced by the prosecution at the trial of the giver of t...necessary certificate of fitness under Article 134(l)(e) of the Constitution from the High Court of Punjab. The points raised in this Court were; (1) that Section 27 of the Indian Evidence Act is violative...jurisdiction, against an order of the Magistrate, First Class, Howrah, directing the respondent to give his specimen writing and signature, under Section 73 of the Indian Evidence Act. It is only...
.... Vinod Shivappa v. Nanda Belliappa (2006) 6 SCC 456, this Court did not take note of Section 114 of the Evidence Act in its proper...perspective. It felt that presumption under Section 114 of the Evidence Act being a rebuttable presumption, the complainant should make certain necessary averments to raise the presumption of service of...explained the nature of presumptions under Section 114 of the Evidence Act and under Section 27 of the GC Act and pointed out how these two presumptions are to be employed while considering the question of...
...requirements of both Section 113-B of the Evidence Act and Section 304-B IPC.14. Ms Makhija then contended that as had been laid down by this Court in...meaning as under Section 2 of the Dowry Prohibition Act, 1961.5. Mr Gupta also submitted that the provisions of Section 113-A of the Evidence Act were not applicable in this...the presumption that was to be drawn both under Section 304-B IPC, as also under Section 113-B of the Evidence Act, 1872, having regard to the fact that Kripa Bai had committed suicide within 7 years of...
...Vicky v. State Of Punjab . (2006) 12 SCC 306 this Court reiterated:“14. Section 106 of the Evidence Act does not relieve the prosecution to prove its case...when this burden is discharged that the accused could prove any fact within his special knowledge under Section 106 of the Evidence Act to establish that he was not guilty. In...Sucha Singh v. State Of Punjab . (2001) 4 SCC 375 this Court held:“19. We pointed out that Section 106 of the Evidence Act...
.... After compliance of the aforesaid direction, let the criminal appeal be placed before the Bench for consideration of IA No.2837/2015, an application under Section 5 read with Section 14 of Evidence Act, ...Section 378 read with Section 372 of CrPC alongwith appeal memo under Section 372 of CrPC. This petition as well as the appeal is filed, being aggrieved by the judgment dated 11-12-2014 passed by First...Additional Sessions Judge Dabra, District Gwalior in Sessions Trial No.81/2013, extending the acquittal to the respondents No. 1 to 3 from the charges of Sections 307, in alternate 307/34, Section 323...
...saved by the exception inbuilt in the aforesaid section. Section 14 of the Family Court Act, 1984 was also invoked as an exception to issues of relevance and admissibility arising under t...to privacy, and therefore, could not be considered in evidence by the family court. It was submitted that the leverage conferred on the Family Court under Section 14 of the Act of 1984 could not be construed to ent...husband has supported the impugned order dated 18-12-2015 passed by the Family Court.7. Heard. Considered.8. Section 14 of the Family Court Act, 1984 provides that a family court may receive an...
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...the General Clauses Act, as well as under section 14 of the Evidence Act and the return having been duly...effect of the presumption arising out of the provision of section 27 of the General Clauses Act and section 114 of the Evidence Act was gone into. That was also a case of a...Clauses Act as well as under section 114 of the Evidence Act are rebuttable but in the absence of proof to the...
...the Evidence Act. Referring to Section 139, this Court laid down the following in paras 14, 15, 18 and 19:“14. Section 139 of the Act provides that i...by the accused on 14-3-2006 to which reply was sent on 31-3-2006. A complaint was filed by the appellant alleging the offence under Section 138 of the 1881 Act. Cognizance was taken by the Magistrate...was stolen by the complainant. The trial court drew presumption under Section 139 of the 1881 Act against the accused. The accused failed to rebut the presumption by leading any evidence on his behalf...
...the Stamp Act.14. If Section 35 only deals with original instruments and not copies Section 36 cannot be so interpreted as to allow secondary evidence of an...which is not duly stamped shall not be admitted in evidence.14. Section 37 of the Act reads as under:“37. Admission of improperly stamped...the Evidence Act, 1872. The trial court allowed the application for admission of the photocopy of the document and admitted it as secondary evidence under Section 63 of the Evidence Act...