Search Results for Tag : Evidence Act

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P&H HC: Production Of Certificate Not Necessary to Obtain Voice Sample of Accused(30.03.2022)

Punjab and Haryana High Court has ruled that while filing an application by the prosecution to obtain the voice sample of the accused for the purposes.....

Tags : Punjab and Haryana High Court, Section 65B(4) of the Evidence Act, voice sample, certificate

P&H HC: Previous Statement of Witness Should be Put to His Notice if it’s Used For Contradicting Him(31.05.2022)

Punjab and Haryana High Court has held that if the witness was not confronted with that part of the statement with which the defense wanted to contrad.....

Tags : Punjab & Haryana High Court, Witness, Statement, Evidence Act

ITAT, Mumbai: Data Retrieved From Pen Drive Can’t be Sole Evidence For Re-Assessment(28.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the data retrieved from the pen drive seized during the search can’t be a sole basis for re-assess.....

Tags : Income Tax Appellate Tribunal, data retrieved, Income Tax Act, 1961, section 147, section 148, section 65B (4), Indian Evidence Act, 1872

Allahabad HC: Court Can Allow Production of Certificate U/S 65-B(4) of IEA at Later Stage of Trial(10.06.2022)

Allahabad High Court has held that trial court has power to allow prosecution to produce the certificates under Section 65-B (4) of the Indian Evidenc.....

Tags : Allahabad High Court, Evidence Act, Certificate

Allahabad HC: Weapon's Discovery on Disclosure Statement of Accused Not Enough to Prove Guilt(11.04.2022)

Allahabad High Court has held the discovery of the material object/crime weapon at the disclosure of the accused is important under Section 27 of the .....

Tags : Allahabad High Court, Section 27 of the Indian Evidence Act, 1872, discovery, weapon

Supreme Court: Presumption of Dowry Death Must be Backed by Evidence of Cruelty(21.11.2016)

Supreme Court has ruled that presumption of culpability against an accused in a dowry death case under Evidence Act would be “activated” only when the.....

Tags : Supreme Court, Evidence Act, Dowry Death , Cruelty

CRIMINAL - Confession in Police Custody Made in Immediate Presence of Executive Magistrate Admissible: P&H HC(22.03.2019)

Punjab and Haryana High Court has held that the expression 'Magistrate' appearing in Section 26 of the Evidence Act would include Executive Magistrate.....

Tags : Punjab and Haryana High Court, Section 26 of the Evidence Act

SC: Right Not to Have Legitimacy of Children Questioned Frivolously is Part of Right to Privacy(21.02.2023)

Supreme Court while observing that DNA tests of children may be directed only if there is prima-facie material to dislodge presumption under Section 1.....

Tags : Supreme Court, Legitimacy, Evidence Act, DNA Test

SC: Can’t Presume Will to be Genuine Merely Because It’s More Than 30 Years Old(16.03.2023)

Supreme Court while observing that wills can’t be proved only on basis of their age, has held that presumption under Section 90 as to the regularity o.....

Tags : Supreme Court, Wills, Evidence Act, Presumption

All. HC: S. 106 IEA Not Attracted Unless Initial Burden of Establishing Guilt of Accused Discharged(30.05.2023)

Allahabad High Court has observed that Section 106 of the Indian Evidence Act (IEA) cannot be attracted in a case unless prosecution prima facie disch.....

Tags : Allahabad High Court, Section 106 of the Indian Evidence Act

SC: Signed Carbon Copy As Good As Original in Evidence(31.10.2019)

Supreme Court has held that signed carbon copy of a document is as good as the original document and can be admissible as a primary evidence under Sec.....

Tags : Supreme Court, Indian Evidence Act

Ker. HC: Admission of Confession Made to Police Can Vitiate Trial(27.10.2023)

Kerala High Court has held that admission of confessions of accused made to police under Section 25 and Section 26 of Indian Evidence Act, 1872 can vi.....

Tags : Kerala High Court, Confession, Evidence Act, Trial