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...“documentary evidence” and the relevant facts in a case can be proved either by oral evidence or documentary evidence.12. Section 59 of Evidence Act lays down that all.... So, if the first informant who has seen an incident and the manner in which it has occurred, such facts may be proved only by direct oral evidence of first informant in Court and not by documentary evidence in the light ...Section 60 of the Evidence Act. Those facts must be proved by direct oral evidence of investigating officer and not by producing scene mahazar. In the absence of Police Officer&r...
...decide the issue as to encroachment, proof thereof was/is a matter governed by sections 36 and 60 of Evidence Act.These are the public records which are relevant under ...from first, second and third unnumbered clauses of section 60 of Evidence Act, the fact of encroachment i...evidence;(ii) The extent of encroachment cannot be proved in absence of public records and procedure emerging from section 36 and section 60 of Evidence ...
...evidence as required under Section 60 of the Indian Evidence Act. Mr Bhattacharyya has submitted that the oral evidence must be direct. If the witness refers to a fact which had been hear...entered between the parties as invalid and insufficient in view of the provision of Section 60 of the Evidence Act is concerned, we may indicate that such submission is misconceived and s...Restoration of Alienated Land Act, 1973 (hereinafter referred to as “the Act”) before the Special Officer constituted under the Act for restoration of the said 66 decimals of land and 60 ...
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...science relating to topic of Horticulture.
11. It is discernible that the learned Reference Court adopted the superficial approach to discard the evidence of Valuer Dr. Patil. The findings are...Evidence Act. It is to be borne in mind that the provision of Section 60 of Evidence Act contemplates that if the oral evidence of witness refers to an opinion,...Horticulturist Dr. Patil is admissible under Section 45 of the Evidence Act, being an opinion of third person on the point of valuation of fruit bearing trees. He was the person specially...
...Tanti. However, the doctor who examined the Sadhu Tanthi has not been examined and the injury report has formally been proved. Fourth case of Section 60 of Evidence Act provides that opinion ...Curiae and learned counsel fort the State.
2. The appellant has been convicted under Section 3 of the Explosive Substance Act and sentenced to undergo rigorous imprisonment...Section 3 of Explosive Substance Act.
4. After investigation charge sheet was submitted in this Sections and cognizance taken and case committed to the Court of Sessions...
...could show that the records were available which were not filed by the plaintiff. The requirement of Section 60 of Evidence ...dispute relate to sahan land which has been decided by the Courts below on the strength of oral evidence led by the parties and its correct appreciation. Sole point argued on behalf of the learned...counsel for appellants was that the learned Courts below have wrongly decreed the suit without support of any documentary evidence. There is nothing on the records nor learned counsel for appellants...
...has already been summoned.11. The law relating to of Dying Declaration as provided under section 32 of the Indian Evidence Act, 1872 is an exception to the genera...Evidence Act. Section 60 of Evidence Act provides that oral evidence in all...cases must be direct i.e it must be the evidence of a witness, who says he saw it. Whereas the dying declaration is, in fact, the statement of a person, who cannot be called as witness and, therefore...
...section 59 of the Evidence Act, all facts, except the contents of documents, are to be proved by oral evidence. ..., it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it and so on. Possession by a person is a fact which ca...suit bearing T.S No. 33/2001 for restoration of possession under section 6 of the Specific Relief Act. The plaint was...
...provided in Section 60 of the Evidence Act, 1872, oral evidence must in all cases, be direct and when an accused is discharged under Section 245 CrPC, in the absence of any fresh...the meaning of Section 60 of the Evidence Act.13. In this regard, Mr Ghosh firstly referred to the oft repeated decision of this Court in..., appearing for the appellants, submitted that in the instant case there was no direct evidence against the appellants which could have formed the basis for issuance of summons under Section 319 CrPC. Not...
.... 279 has held that when there is question as to extent of encroachment, it is not a matter to be adjudicated upon oral evidence of any number of witnesses who have witnessed the ...Act. Extent of encroachment can be proved only by the person who has measured the land allegedly encroached...
1 28. SA 400.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH AT NAGPUR...
...counsel appearing for the accused is that since as per Section 60 of the Evidence Act, 1872, oral evidence must b...Section 138(b) of the Act to the accused, which also would be evidenced by documents. In view of the above, Section ....
Section 145 of the Act reads:
"(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974), the evidence of the compl...
...Section 60 of Evidence Act.17. Section 60 of the Evidence Act is extracted hereunder:—“60. Oral evidence...Section 6 of the Evidence Act, followed by other incriminating evidence such as recovery of blood stained, clothe.... Ordinarily, motive is relevant in a case of circumstantial evidence, but there may be cases, like the present case where the overt act is committed in a room. In such cases motive may be difficult to...
...approach to discard the evidence of Valuer Dr. Gaikwad. The findings are found rest on misconception of provision of Evidence Act. It would fallacious to appreciate that the evidence ...the Evidence Act. It is to be borne in mind that the provision of Section 60 of Evidence Act contemplates that if the oral evidence of witness refers to...Horticulturist Dr. Gaikwad is admissible under Section 45 of the Evidence Act, being an opinion of third person on the point of valuation of fruit bearing trees. He was the person special...
...against the respondent-accused under Section 20 of the NDPS Act, 1985 and under Section 60 of the Excise Act.3. Upon consideration of evidence...Substances Act, 1985 and also the conviction under Section 60 of the Excise Act and also sentence of imprisonment imposed upon the respondent-accused.2. On 17-7-1998 wee...-accused was also convicted for the offence under Section 60 of the Excise Act and was sentenced to undergo RI for one year. In appeal, the High Court has set aside the verdict of conviction and also...
...of such direct evidence of Raju (PW 4), the testimony of PW 5 to that extent would be hit by Section 60 of the Evidence Act. The said section, so far as it is r...defence. In view of Section 60 of the Evidence Act, referred to earlier, the prosecution is bound to lead the best evidence available to prove a certain fact; and in the instant case, nee...admissible as corroborative evidence under Section 157 of the Evidence Act. While on this point it need be mentioned that in the facts of the present case Section 6 of the ...
...the conviction of the appellant.8. Mr Sharma submitted that in any case the evidence of PW 2, PW 4 and PW 5 on whatever was stated to them by the deceased regarding the demand for dowry and har...meaning of Section 304-B IPC.12. In reply to the submission of Mr Sharma that statements made by the deceased before PW 2, PW 4 and PW 5 regarding harassment and demand of dowry were ...or under Section 32 of the Evidence Act, 1872. In support...
...from her husband Bikkar Ram. Admittedly on the date of the evidence, Bikkar Ram was not available since he died before recording of the evidence. As per Section 60 of the ...stated that under Section 60 of the Evidence Act hearsay evidence is not admissible as Bikkar Ram was not examined before the court and no other witness was produced by the prosecution to prove ab...IPC and its essential ingredients. Section 113-B of the Evidence Act is also relevant for the case in hand. Both Sections 304-B and 113-B of the Evidence Act were inserted by the Dowry Pr...
...Section 60 of Evidence Act and in case of written statement under section 64 and 67 of the ...report. The trial court treated the written report in evidence as dying declaration under Section 32 of the Evidence Act...Section 32 of the Evidence Act is admissible in Evidence Act as an exception to the general rule that hearsay ...
...Shende v. State of Maharashtra 2009 (5) Mh.LJ 279 has held that when there is question as to extent of encroachment, it is not a matter to be adjudicated upon oral evidence of any number of witnesses w...Surveyor of the Land Records as a witness and his evidence is not relied upon on the count that measurement of the land carried out by him was not found to be correct and proper, and hence, if the...examined himself and also led the evidence of TILR to prove the map drawn by him, showing the encroachment. The trial Court, on appreciation of the evidence of plaintiff and TILR. came to conclusion that...