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Kartar Singh

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Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155- provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong = Veer Singh & Ors. .. Appellant(s) versus State of U.P. .. Respondent(s) = Published in / cited in / Reported in judis.nic.in/supremecourt/filename=41065

Dying declaration – if not died can be considered as sec.164 statement can be used for     contradiction etc., under sec.157 ,sec.155– provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness  – after regain, her full sec.161 statement was recorded – Apex court held no wrong … Continue reading

Civil Procedure Code, 1908, O. XLI, r. 27–Additional evidence –Improper admission–Finding based on such evi- dence–Whether conclusive–Interference–Punjab Custom Act (H of 1920), s. 7-Suit to contest alienation of non-ances- tral property–Maintainability. = The discretion to receive and admit additional evidence in appeal is not an arbitrary one but is a judicial one circumscribed by the limitations specified in O. XLI, r. 27, of the Civil Procedure Code, and if additional evidence was allowed to be adduced contrary to the principles governing the reception of such evidence, it would be a case of im- proper exercise of discretion, and the additional evidence so brought on the record will have to be ignored and the case decided as if it was non-existent. 259 The legitimate occasion for admitting additional evi- dence in appeal is when on examining the evidence as it stands some inherent lacuna or defect becomes apparent, not where a discovery is made outside the court, of fresh evi- dence, and an application is made to import it. The true test is whether the appellate court is able to pronounce judgment on the materials before it, without taking into consideration the additional evidence sought to be adduced.Kessowji Issur v.G. 1. P. Railway (34 I.A. 115) and Parsotim v. Lal Mohan (58 I.A. 254) referred to. Though ordinarily a finding of fact, however erroneous, cannot be challenged in second appeal, a finding which is arrived at on the basis of additional evidence which ought not to have been admitted and without any consideration of the intrinsic and palpable defects in the nature of such evidence cannot be accepted as a finding which is conclusive on appeal. Under s. 7 of the Punjab Act II of 1920 no one can contest an alienation of non-ancestral immoveable property on the ground that such alienation is contrary to custom.

PETITIONER: ARJAN SINGH alias PURAN Vs. RESPONDENT: KARTAR SINGH AND OTHERS. DATE OF JUDGMENT: 02/03/1951 BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA FAZAL ALI, SAIYID MUKHERJEA, B.K. CITATION: 1951 AIR 193 1951 SCR 258 CITATOR INFO : RF 1963 SC1526 (9) F 1974 SC2069 (5) RF 1976 SC1053 (10) ACT: Civil Procedure Code, 1908, … Continue reading

whether extra-judicial confession of A1-Pratham inspires confidence and then find out whether there are other cogent circumstances on record, to support it. =This Court clarified that though confession may be regarded as evidence in generic sense because of the provisions of Section 30 of the

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1050 OF 2005 PANCHO … APPELLANT Versus STATE OF HARYANA … RESPONDENT WITH CRIMINAL APPEAL NO.1222 OF 2005 PRATHAM … APPELLANT Versus STATE OF HARYANA … RESPONDENT JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J. 1. These two appeals, by special leave, can be disposed … Continue reading

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