Evidence Act is present with the idea of proximate test. No definite period has been indicated and the expression 'soon before her death ... fixed period, and that brings in the importance of a proximity test both for the proof of an offence of dowry death as well
fixed period, and that brings
in the importance of a proximity test both for the proof
of an offence of dowry death as well ... Evidence Act is present with the idea of proximity test.
No definite period has been indicated and the expression
“soon before” is not defined
widen the sphere of s.32 to avoid injustice. (2) The test of proximity cannot be too literally construed and practically reduced ... Narayan Swami v. Emperor where Lord Atkin has laid down the following tests:
"It has been suggested that the statement must be made after
Salek Ram vs State Govt. Of Nct Of Delhi & Ors. on 20 November, 2019
time-limit. This
expression is pregnant with the idea of proximity test. The term "soon before"
is not synonymous with the term ... however, mean that such time can be stretched to any period. Proximate
and live link between the effect of cruelty based on dowry demand
deceased.
5
10. The prosecution is under obligation to pass proximity test. It has
to be proved that there exist a proximity and live link
Neyaz Ansari vs The State Of Bihar on 23 October, 2019
Equivalent citations: AIRONLINE 2019
Anzar Ali Alias Saddam vs State Of Nct Of Delhi on 13 February, 2019
Equivalent
State of Maharashtra , AIR 1984 SC 1622, laid
down a test of proximity and held that there must be some
proximate relation to the occurrence ... ablaze
assumes insignificance as the prosecution fails to satisfy the test of
proximity .
::: Uploaded on - 02/04/2019 ::: Downloaded on - 31/03/2020
fixed period, and
that brings in the importance of a proximity test both for the proof of an
offence of dowry death as well ... Evidence Act is present with the idea of proximity test. No definite
period has been indicated and the expression "soon before
