Indian Evidence Act
Anita Dores
(Querist) 30 October 2009
This query is : Resolved
I need SC/HC Case laws for any one of the below mentioned Topics under the Indian evidence act..
1. Burden of proof,
2. Dying Declaration,
3. Expert Opinion,
4. Circumstances Evidence,
5. Documentary Evidence.
Plzz help..!
Y V Vishweshwar Rao
(Expert) 30 October 2009
AIR 2008 SUPREME COURT 10
Criminal Appeal No. 325 of 2002, D/- 13 -9 -2007.
State of Rajasthan v. Parthu.
(A) Evidence Act (1 of 1872), S.32 - DYING DECLARATION - Dying declaration - Certificate by doctor about fitness of deceased - Absent - But declaration recorded in presence of doctor - Doctor also attesting thumb impression of deceased taken on her statement - Refusing to rely on declaration on ground that there could not have any attestation of such statement - Is too technical view - Order acquitting accused liable to be set aside.
D.B. Cri. Appeal No. 37 of 1997, D/- 30-4-2001 (Raj.), Reversed.
(B) Penal Code (45 of 1860), S.300 - Evidence Act (1 of 1872), S.106 - MURDER -
EVIDENCE - BRIDE BURNING - Bride burning -
Deceased and her husband, living separately from family -
Accused-husband was present in house at time of incident -Homicidal nature of death not disputed - After incident accused absconded - Burden, therefor, lies on accused to explain how death took place -
In absence of sufficient explanations Court would be entitled to consider same as circumstances against accused.
Y V Vishweshwar Rao
(Expert) 30 October 2009
AIR 2008 SUPREME COURT 300
Civil Appeal No. 4882 of 2007 (arising out of SLP (C) No. 3374 of 2005), D/- 12 -10 -2007.
Savithri and Ors. v. Karthyayani Amma and Ors.
(A) Succession Act (39 of 1925), S.63 - SUCCESSION - WILL - CONSTITUTIONALITY OF AN ACT - Will - Validity - Plea of undue influence and coercion - Testator a cancer patient living with his sister - Sister, her son and grandsons looking after him - Bequest of property in such circumstances, in favour of nephew and nieces of testator - Natural - Will registered - Not cancelled though testator lived for 7 years after its execution - Fact by itself sufficient to uphold Will
(B) Succession Act (39 of 1925), S.63 - SUCCESSION - WILL - EXECUTION - WITNESS - Will - Execution - Attesting witness - Scribe of Will one of attesting witnesses - He had witnessed Will being read over to testator - Witnessed signing of Will by testator - Can be an attesting witness.
(C) Succession Act (39 of 1925), S.63 - Evidence Act (1 of 1872), S.101, S.102, S.103, S.104 - SUCCESSION - EVIDENCE - WILL - EXECUTION - Will - Execution - Suspicious circumstances - Plea of coercion - Burden to prove is on party alleging coercion.
(D) Succession Act (39 of 1925), S.63 - SUCCESSION - WILL - Will - Suspicious circumstances - Will depriving natural heirs of their share.
Deprivation of a due share to the natural heirs itself is not a factor which would lead to the conclusion that there exist suspicious circumstances surrounding execution of Will. For the said purpose, the background facts should also be taken into consideration. The son was not meeting his father (testator). He had not been attending to him. He was not even meeting the expenses for his treatment from a long, when father lost his job till his death. The testator was living with sister and her children. If in that situation, he executed a Will in favour of his nephew and nieces who looked after him no exception thereto can be taken. Even then, under the Will something was left for the son.
Adinath@Avinash Patil
(Expert) 30 October 2009
DYING DECLARATION,
1]
WHEN STATEMENT MADE BY DECEASED BEFORE WITNESS IS CONSISTANT WITH OCULAR TESTIMONY AND MEDICAL EVIDENCE THEN IT CAN BE TREATED AS DYING DECLARATION.
RAJ Kr.YADAV V/S STATE OF U.P.
2003 Cr L J 2075[ALL].
2]
DYING DECLARATION-RECORDED IN PRESENCE OF DOCTOR- HE MADE AN ENDORSMENT AND PUT HIS SIGNATURE ON THE SAME-HE ENDORSED FIT MENTAL POSITION OF DECEASED AT THE RELEVANT TIME-HELD- DYING DECLARATION WHOLLY TRUSTWORTHY.
STAE OF KARNATAK V/S SHARIFF.
2003 AIR [S.C.]1074.
