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Disproved

Disproved

Whether a civil or a criminal case, the anvil for testing of 'proved', 'disproved' and 'not proved', as defined in Section 3 of the Indian Evidence Act, 1872 is one and the same. A fact is said to be...

Personally

These principles have also been applied by this Court whilst considering an analogous provision of the Criminal Procedure Code. In the case of Basavaraj R. Patil v. State of Karnataka [(2000) 8 SCC 740] the question was whether an...

Handwriting

In the case of State vs S. J. Chowdhury [(1996) 2 SCC 428] it was held that the Evidence Act was an ongoing Act and the word “handwriting” in Section 45 of that Act was construed to include “typewriting”....

So far as they are applicable

The expression ‘so far as they are applicable’ as occurring in Rule 21 of Order XVI of C.P.C. has to be read in the light of the other provisions of C.P.C. as applicable in this regard. In case there...

Finality of litigation

The Apex Court in S. P. Chenglvaraya Naidu Vs. Jagannath, (1994) 1 SCC 1 in the following words : “5. The High Court, in our view, fell into patent error. The short question before the High Court was whether...

A witness

A ‘witness’, though not defined either in the C.P.C. or the Evidence Act, in normal parlance is understood as a person, who, in a lis of an adversarial nature, or even otherwise, is called upon to give evidence as...

Parties to the suit

Parties to the suit

Order I of C.P.C., indicates who can be parties to the suit and a person filing the suit is to be called a plaintiff and those defending the same are to be called defendant/s. The plaintiff/s and the defendant/s,...

Section 138 NI Act

In Sangeetaben Mahendrabhai Patel v. State of Gujarat and Anr. [2012 (7) SCC 621] In G. Sagar Suri v. State of U.P. [2000 (2) SCC 636 : 2000 SCC (Cri) 513] wherein during the pendency of the proceedings under...

Conscious

The word “conscious” means awareness about a particular fact. It is a state of mind which is deliberate or intended. [Union of India through Narcotics Control Bureau, Lucknow v. Md. Nawaz Khan-SLP (Crl) No.1771 of 2021] What amounts to...

Judicial Office

In Shri Kumar Prasad v. Union of India and Others [(1992) 2 SCC 428], this Court held: “22. It is in the above context that we have to interpret the meaning of expression “judicial office” under Article 217(2)(a) of...

Consultation

A process of getting input and feedback from legal professionals, experts, interested parties and members of the public on a proposed piece of work.

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