Search Results for "Indian Evidence Act"

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Bombay High Court Dismisses Appeal in Will Execution Case — Upholds Trial Court's Finding of Suspicious Circumstances. Execution of Will Not Proved as Attesting Witnesses Not Examined and Propounder Failed to Dispel Suspicious Circumstances Under Section 63 of Indian Succession Act, 1925.

The appellant, Mr. Anthony Edward D'Aguiar, filed a First Appeal before the Bombay High Court against the judgment and decree dated 30th April 2012 pa...

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Supreme Court Allows DNA Test to Determine Paternity in Civil Suit for Declaration of Status. Court holds that DNA test is necessary to ascertain truth and does not violate right to privacy when ordered in a civil proceeding for declaration of paternity.

The appellant, Chaturbhuj Pradhan (CP), was aggrieved by concurrent orders of the First Additional Civil Judge, Class-II, Basna and the High Court of ...

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Bombay High Court Allows Petitioner's Writ Petition Challenging Order Granting Leave to Lead Secondary Evidence. Court Holds That Leave to Lead Secondary Evidence Is Unnecessary and Misconceived Under the Indian Evidence Act, 1872.

The petitioner, defendant no.6 in Regular Civil Suit No. 689 of 2009, challenged an order passed by the trial court granting leave to the plaintiff to...

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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

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Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid.

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their comp...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declaration. Dying declaration recorded by police officer held admissible under Section 32(1) of Indian Evidence Act, 1872 as deceased was in a fit state of mind.

The appellant, Vasant Ramchandra Gaikwad, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of John Lazoras and sentenced ...

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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Conviction Set Aside Due to Gaps in Chain of Circumstances. Failure to Prove Motive and Last Seen Theory Beyond Reasonable Doubt Leads to Benefit of Doubt Under Indian Penal Code, 1860 Sections 302, 201, 120B.

The appellant, Vrishal Madhukar Kalane, was convicted by the trial court under Sections 302, 201, and 120B of the Indian Penal Code, 1860, for the mur...