. It is not outside the realm of probability that her statement may have been inspired by her uncle and, therefore, it will not be safe to base the conviction of respondent on such a dying declaration. The other direct evidence is the deposition of ..
It is, however, equally well-settled that an objection as to prejudice must be taken at the earliest [see Shobit Chamar & Anr. Versus State of Bihar (1998 (3) SCC 455) ] and prejudice must be shown before a trial could be said to be invalidated [..
"In England where provision has been made for the reception of unsworn evidence from a child it has always been provided that the evidence must be corroborated in some material particular implicating the accused. But in the Indian Act there is no suc..
As regards the affidavits, copies of such documents cannot be taken in evidence. What 'evidence' means and includes is defined in Section 3 of the Indian Evidence Act. Affidavits are not included in its definition. On the contrary, affidavits have be..
As regards the affidavits, copies of such documents cannot be taken in evidence. What 'evidence' means and includes is defined in Section 3 of the Indian Evidence Act. Affidavits are not included in its definition. On the contrary, affidavits have be..
What is essential is that the person recording the dying declaration must be satisfied that the deceased was in a fit state of mind. Where it is proved by the testimony of the Magistrate that the declarant was fit to make the statement without there ..
on 13.1.88 his services came to be terminated for the reason that his Performance Report during the period of probation was not satisfactory and he also failed to show any improvement despite having been given a chance to do so. Aggriev..
Protection of Women from Domestic Violence Act 2005, S. 12 - Proceedings under Act are of quasi civil nature and Court has power to allow amendment of application and written statement. ..
On the expiry of the period of probation beyond the maximum term provided therein, an employee will be deemed to have been confirmed inasmuch as the Corporation cannot terminate their services on the expiry of such period...
The petitioner is serving as Deputy Manager in the Production Centre in the establishment of the second respondent-Society for Training & Employment Programme in the Twin Cities (SETWIN). The petitioner was placed under suspension by the proceedings ..
Bar against promotion — in challenge — a chargesheet issued against the respondent for financial irregularities and making fraudulent withdrawals deriving pecuniary gain for himself — departmental enquiry initiated — order of removal from service — c..
The appellant was married to one Sudesh who is said to have committed suicide on 23rd February, 1989. According to the prosecution Sudesh was married to the appellant in April/May, 1980 but she could not conceive. The appellant had been maltreating a..
Sardar Khan was the owner of a property bearing land Block No. 386 and House No. 206 situate at Mangrul, Taluqa Kallam, District Osmanabad. He died in 1948 leaving behind a son — Umerkhan and two daughters—Bismillabi and Aminabi. Both daughters were..
A. The Drug Inspector under the Act 1940 had taken a sample of Betnesol tablets (Batch No. NC 160 Mfg. October 1996, expiry March 1998), manufactured by the appellant-company from the shop of one Mahesh Agarwal at Chattarpur on 9.12.1996. The statuto..
(a) In 1972, the Bihar State Housing Board (hereinafter referred to as “the Board”) floated a Scheme for construction of Flats for Middle Income Group (in short “MIG”) at Hanuman Nagar, Patna. Ram Chandra Prasad Verma (since expired) -the husband of ..
Political rivalry at times degenerates into personal vendetta where principles and policies take a back seat and personal ambition and longing for power drive men to - commit the foulest of deeds to avenge defeat and to settle scores. These appeals b..
As the facts and the legal issues arising for our consideration in both these appeals are similar, we propose to dispose of both these appeals by this common judgment and order. The contesting respondents herein got themselves admitted for a trai..
A. In the year 1972, the State of Madhya Pradesh conceived a dam to provide irrigation facilities to farmers of Khargone district. The dam, on filling upto full, would cause submergence of 1258.59 hectares of land, out of which 1037.715 is private an..
This interlocutory application for directions is filed in the special leave petition. The special leave petition has been filed against the judgment of the Gujarat High Court dated 04.10.2005 dismissing the writ petition filed by way of Public Intere..
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