24 June 2019


Search Results for Tag : Evidence

Judgments

Document proved in Court as executed by a party does not require handwriting expert opinion(10.04.2015)

Once a document is proved in the Court to have been executed, or a signature appended is proved to have been truly signed by the party concerned, it i.....

Tags : signature, expert, opinion, mandatory, evidence

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Courts empowered to determine if court-martial conducted in accordance with law(14.09.2015)

High Courts cannot re-appreciate findings of court-martial, they can however interfere if findings reached are perverse. In a case where an Army Sepoy.....

Tags : Army, court martial, evidence, testimony

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When a dying declaration is suspicious, it should not be acted upon without corroborative evidence(09.09.2016)

A charge sheet was filed against accused persons under Sections 302, 452 and 34 of Indian Penal Code and under Section 3 read with Section 25 of the A.....

Tags : Conviction, Evidence, Credibility

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An inference of guilt of father cannot be reached, on mere fact that, daughters were last seen with their fathers(13.10.2016)

Accused Mahendra Bhaskar Pavre has been sentenced to death by Additional Sessions Judge (Link Court), Mehkar vide judgment. There is no.....

Tags : Murder, Circumstantial evidence

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Son, whether married or unmarried, has no legal right to live on self acquired house of parents(24.11.2016)

Regular Second Appeal impugns concurrent judgment of Court below whereby civil suit filed by parents of Appellants (respondent Nos.1 & 2) against thei.....

Tags : Property, Right, Evidence

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Presumption under Section 113B of Evidence Act can be drawn only where ingredients of Section 304B of IPC are fulfilled(21.12.2016)

In facts of present case, FIR under Section 304B/34 of Indian Penal Code, 1860 (IPC), was registered on basis of statement made by complainant. After .....

Tags : Conviction, Evidence, Credibility

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Where primary witnesses itself are reliable, conviction can safely be based on testimony of said witnesses even in absence of corroboration from call records(31.05.2017)

By present appeal, Appellant challenges impugned judgment convicting him for offences punishable under Section 302/201 of Indian Penal Code, 1860 (IPC.....

Tags : Conviction, Evidence, Validity

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Minor defect in investigation on part of Investigating Officer does not take away prosecution case(23.06.2017)

Instant appeal is against judgment passed by Additional District & Sessions Judge, Fast Track 1st Court, convicting Appellant for offence punishable u.....

Tags : Conviction, Evidence, Credibility

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Testimony of an injured accused and his deposition has to be relied upon(04.08.2017)

In the facts of present case, Appellant has been charged under Section 307/34 of Indian Penal Code, 1860 (IPC) for causing gunshot injury to PW-2 by a.....

Tags : Conviction, Legality, Evidence, Credibility

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Conviction of accused cannot be sustained, if sole testimony of prosecutrix found artificial(11.08.2017)

Instant criminal appeal is against the judgment passed by trial Court, whereby Accused Appellant was convicted for offences under Sections 363, 366, 3.....

Tags : Conviction, Legality, Evidence, Credibility

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Statements of a person who dies, are admissible, if the statements relate to the cause of death, or explain circumstances leading to the death(07.09.2017)

The Appellants faced trial for offence punishable under Sections 306 and 498-A read with Section 34 of Indian Penal Code, 1860 ('IPC'). They have been.....

Tags : Conviction, Legality, Circumstantial evidence

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Mere circumstance of Accused being last seen with the deceased is an unsafe hypothesis for conviction under Section 302 of IPC(19.09.2017)

Present appeal arises from a judgment of a Division Bench of High Court. The High Court affirmed the conviction of the Appellant under Section 302 of .....

Tags : Conviction, Legality, Circumstantial evidence

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When any fact is especially within the knowledge of any person, the burden of proof to prove that fact is upon him(12.10.2017)

Present two criminal appeals have been preferred by the Appellants Dr. Nupul Talwar and Dr. Rajesh Talwar under Section 374(2) of the Code of Criminal.....

Tags : Acquittal, Circumstantial evidence, Benefit of doubt

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Conviction cannot be based on a DNA report when it is established that there has been no quality control or quality assurance and the sampling has been improper(04.10.2017)

By the impugned judgment and order, the Sessions Court held four Accused persons guilty under Sections 363 and 376(D) read with 34 of the Indian Penal.....

Tags : Conviction, Evidence, Credibility

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Guilt of Accused must be proved beyond all reasonable doubts(19.04.2017)

Instant appeal is against judgment passed by High Court, whereby High Court while allowing appeal of Respondent Nos. 1 & 2, set-aside judgment convict.....

Tags : Acquittal, Validity, Evidence, Credibility

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Value of medical evidence is only corroborative; it proves that, injuries could have been caused in manner alleged(25.04.2017)

Present appeal arises out of impugned judgment passed by a Division Bench of High Court of Madhya Pradesh, upholding conviction and sentence passed by.....

Tags : Conviction, Evidence, Credibility

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Direction to give foot-prints for corroboration of evidence is not violative of protection guaranteed under Article 20 (3) of Constitution(02.05.2017)

Present appeals is against judgment passed by High Court, whereby judgment passed by Additional Sessions Judge, was set aside and Accused-Respondent w.....

Tags : Acquittal, Validity, Circumstantial evidence

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Unless there is any kind of illegality in the impugned judgment of acquittal, Supreme Court cannot interfere in such judgment(13.11.2017)

Present appeal is filed by the State against the final judgment and order passed by the High Court of whereby the High Court allowed the appeal filed .....

Tags : Acquittal, Validity, Evidence, Contradiction

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Supreme Court need not re-appreciate evidence while affirming the judgments of Courts below in criminal cases(16.11.2017)

In facts of present case, the Animal Husbandry Officer, received information that wrongful withdrawal of treasury bills was being made. He constituted.....

Tags : Conviction, Re-appreciation, Evidence

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When there are strong circumstances proving the guilty, absence of evidence on motive cannot be a circumstance for discarding the evidence(20.11.2017)

The Appellant is convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 (IPC) and he is sentenced to suffer imprisonment fo.....

Tags : Conviction, Legality, Circumstantial Evidence

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It is the duty of First Appellate Court to appreciate entire evidence and arrive at its own independent conclusion(04.12.2017)

The Appellant filed a suit in the Court of City Civil Judge, against the Respondents for a declaration and permanent injunction in relation to the lan.....

Tags : Appreciation, Evidence, Appellate Court, Duty

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When there is an eye witness to occurrence corroborated by other evidence, non-establishment of motive behind the crime is not fatal to prosecution(28.11.2017)

Appeal is against the judgment of conviction and order of sentence passed under Section 302 of Indian Penal Code, 1860 (IPC) against the Accused/Appel.....

Tags : Conviction, Legality, Evidence, Corroboration

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Proved circumstances must be consistent only with hypothesis of guilt of Accused and totally inconsistent with his innocence(08.01.2018)

Present appeal preferred by the State challenges the judgment of the High Court acquitting the Respondent under Section 302 of Indian Penal Code, 186.....

Tags : Acquittal, Validity, Evidence, Credibility

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A moral opinion howsoever strong or genuine cannot be a substitute for legal proof(04.01.2018)

The Appellant faced trial and convicted for offences punishable under Sections 498-A/302 of the Indian Penal Code,1860 (IPC) on the accusation that he.....

Tags : Conviction, Evidence, Credibility

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Applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies(30.01.2018)

In instant Special Leave Petition (SLP), question which arose in the course of consideration of the matter was whether videography of the scene of cri.....

Tags : Crime scene, Videography, Investigation, Evidence

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Benefit of any alternate hypothesis which is reasonably discernible from record must necessarily be given to the accused(25.01.2018)

The Appellant seeks to assail the judgment rendered by the learned Ad-hoc Additional Sessions Judge, by and under which, the Appellant is convicted fo.....

Tags : Conviction, Evidence, Credibility

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Suspicion howsoever strong cannot substitute proof(26.02.2018)

Present appeals are against the judgment passed by the learned Additional Sessions Judge arising out of FIR registered at Police Station ('PS'), convi.....

Tags : Conviction, Circumstantial evidence, Proof

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Absence of any provision in Original Side Rules, which enables production of documents in cross-examination, cannot amount to prohibition against production of documents in cross-examination(19.03.2018)

Present application has been filed seeking the applicant/6th Defendant to strike out the deposition of D.W.1, recorded on 23rd January, 2017 and 19th .....

Tags : Cross-Examination, Evidence, Strike-out

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A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)

The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....

Tags : Conviction, Validity, Evidence, Credibility

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Circumstances must be proved which unerringly points out finger towards the accused and none else(25.04.2018)

Appellants assailed the judgment by which Appellants are convicted for the offences punishable under Sections 302, 109, 120-B, read with Section 34 o.....

Tags : Conviction, Validity, Circumstantial evidence

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Prosecution is duty bound to furnish proper explanation to the Court regarding injuries sustained by Accused in course of altercation(11.05.2018)

Present appeal is filed by the present Appellant, aggrieved by the concurrent findings of the Court below, which has upheld the culpability of the Acc.....

Tags : Conviction, Evidence, Credibility

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If evidence of an eyewitness, though a close relative of victim, inspires confidence, it must be relied upon(15.05.2018)

Instant appeal is against the judgment passed by the High Court of Jammu and Kashmir. By the said judgment, the High Court reversed the order of acqui.....

Tags : Conviction, Eye-witness, Evidence

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Order of acquittal passed by first Appellate Court cannot be reversed, merely because re-appreciation of evidence leads to another possible view, unless view taken for acquittal is manifestly illegal(24.05.2018)

Aggrieved by the Judgment passed by the learned Fast Track Court Judge, the State has preferred present appeal. By the impugned Judgment and Order, th.....

Tags : Acquittal, Validity, Evidence, Credibility

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Appellate Court on hearing appeal filed against judgment of acquittal will not overrule or otherwise disturb trial Court's acquittal, if there is no substantial and compelling reason for doing so(01.06.2018)

In present case, five Accused were tried for the offences punishable under Sections 326, 302, and 114 read with Section 34 of Indian Penal Code, 1860 .....

Tags : Conviction, Validity, Evidence

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Trial Court has power to summon any person as a witness, if his evidence appears to it to be essential to just decision of case(02.07.2018)

Petitioner/Accused impugns order, whereby, on an application under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the Petition.....

Tags : Witness, Evidence, Summon

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Accused is entitled to benefit of doubt, when there is contradiction between medical and ocular evidence and latches in investigation(28.03.2017)

Ratio: Accused is presumed to be innocent until his guilt is proved beyond reasonable doubt

Instant appeals arise out of a common .....

Tags : Conviction, Evidence, Credibility

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In a criminal case, resting entirely on circumstantial evidence, all circumstances are required to be proved solidly beyond reasonable doubt(20.07.2018)

The Appellant was convicted by the Additional Sessions Judge, under Section 302 of Indian Penal Code, 1860 (IPC) in Sessions Case and was sentenced to.....

Tags : Conviction, Circumstantial evidence, Credibility

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Accused is not conferred with any right to claim test identification parade(02.08.2018)

In instant case, the Accused pleaded not guilty and claimed to have been implicated falsely, therefore, wanted to be tried. At the trial, the prosecut.....

Tags : Conviction, Evidence, Credibility

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Non-collection of FSL report might be a defect of investigation which could not result in acquittal of an accused, when enough evidence was available for conviction(13.09.2018)

Present appeal has been preferred by the Appellant assailing the judgment, order of conviction and sentence respectively passed by the learned Additio.....

Tags : Conviction, Circumstantial evidence, Validity

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When there is omission to put material evidence to Accused by Trial Court, prosecution cannot be said to be guilty of not adducing or suppressing such evidence(28.09.2018)

The Appellant assails his conviction by the High Court under Section 376(2)(f) of Indian Penal Code, 1860 (IPC) sentencing him to ten years rigorous i.....

Tags : Conviction, Evidence, Credibility

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Essence of crime of conspiracy is unlawful agreement and not its accomplishment(08.10.2018)

Present appeals are directed against the judgment passed by the trial Court whereby the Appellants were convicted for the offence punishable under Sec.....

Tags : Conspiracy, Circumstantial evidence, Conviction

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Punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with atrocity and brutality which the crime has been perpetrated(09.10.2018)

Present jail appeal has been preferred by Accused Appellant against judgment and order passed by Sessions Judge convicting and sentencing Appellant fo.....

Tags : Conviction, Evidence, Credibility

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Once there is a prima facie case in existence against Petitioner, his allegation of malafide are of no consequence(26.10.2018)

Instant is a petition invoking Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of entire proceeding pending in case registered.....

Tags : FIR, Quashing of, Evidence

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Prosecution is required to establish continuity in links of chain of circumstances, so as to lead to conclusion of Accused being the assailant(31.10.2018)

The Appellant is the wife of the deceased convicted under Section 302 of Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with fine of.....

Tags : Circumstantial evidence, Conviction, Legality

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When the recovery is suspicious, non-production of seal is to be considered to hold the Accused innocent(05.11.2018)

The present appeal is maintained by the Appellant laying challenge to judgment passed by the trial Court, whereby the Accused was convicted for the c.....

Tags : Conviction, Evidence, Credibility

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A long delay can be condoned if witness has no motive for falsely implicating Accused(27.11.2018)

Present appeal arose out of the judgment passed by the High Court by which the High Court has dismissed the appeal filed by the Appellant herein there.....

Tags : Conviction, Evidence, Credibility

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Deposition of an injured witness should be relied upon unless there are strong grounds for rejection of his evidence(03.01.2019)

In present matter, FIR was lodged under Sections 323, 324 of Indian Penal Code, 1860 (IPC) against four persons alleging that, on 18th February, 1985,.....

Tags : Conviction, Injured witness, Evidence

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Presumption of innocence in favour of Accused is fortified by acquittal order; if view of High Court is reasonable, present court should not interfere with same(14.01.2019)

The instant appeals arise from the judgments of the High Court passed in Death Reference and Criminal Appeal. Vide the impugned judgments, the High Co.....

Tags : Acquittal, Evidence, Credibility

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Man in possession of stolen goods soon after theft is either thief or received goods knowing them to be stolen, unless he can account for his possession(14.01.2019)

The present revision is against the judgment of conviction by the Judicial Magistrate First Class, by which the applicant ('accused') came to be convi.....

Tags : Conviction, Legality, Evidence, Credibility

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Measure of punishment should be proportionate to gravity of offence, to protect society and to deter criminal in achieving avowed object of law(24.01.2019)

Present Criminal Appeal has been filed by convict Appellant against judgment passed by Additional Sessions Judge/Special Judge related with Case Crime.....

Tags : Conviction, Legality, Circumstantial evidence

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Credibility of witnesses is ordinarily not re-visited by Supreme Court in an appeal by special leave(12.02.2019)

Present appeal by special leave is directed against the judgment of the High Court dismissing the appeal filed by the Appellant against his conviction.....

Tags : Conviction, Circumstantial evidence, Validity

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Statement to police is not a substantive piece of evidence; same cannot form the basis of conviction(14.02.2019)

In facts of present case, on the basis of the FIR registered, police investigated the case. The necessary witnesses were examined by police under Sect.....

Tags : Conviction, Legality, Evidence, Credibility

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Minor contradictions, inconsistencies or improvements on trivial matters without effecting core of prosecution case cannot be made a ground to reject evidence in its entirety(28.02.2019)

In facts of present case, after completion of the investigation, final report, under Section 173 of Code of Criminal Procedure, 1973 (CrPC) was prepar.....

Tags : Conviction, Evidence, Credibility

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Minor irregularity/omission by Investigation Officer need not necessarily lead to rejection of prosecution version(13.03.2019)

The present appeal has been preferred against the judgment passed by Addl. Sessions Judge convicting and sentencing the Appellant-Girand under Sectio.....

Tags : Conviction, Evidence, Credibility

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Presumptive inference and analysis provided by Informant cannot be basis for forming a prima facie opinion as to order investigation(22.03.2019)

Present information has been filed by Informant under Section 19(1)(a) of the Competition Act, 2002 alleging contravention of the provisions of Secti.....

Tags : Investigation, Evidence, Proof

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Witness cannot be said to be an "interested" witness merely by virtue of being a relative of victim(26.04.2019)

Present appeal is directed against the judgment passed by the High Court whereby the Division Bench of the High Court dismissed the appeal preferred b.....

Tags : Conviction, Evidence, Credibility

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When two views are possible, the Appellate Court should not reverse a judgment of acquittal, merely because another view was possible(29.04.2019)

The State has instituted the present petition seeking grant of leave to assail the judgment in Session Case arising out of FIR under Sections 376 of I.....

Tags : Acquittal, Evidence, Credibility

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When findings of trial court and High Court are shown to be perverse, the Supreme Court would certainly interfere with same(07.05.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of Appellant-Accused No. 1 under Se.....

Tags : Conviction, Evidence, Credibility

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High Court should not interfere with order of acquittal, if the view taken by trial court is a reasonable view based on evidence(04.06.2019)

By way of the instant appeal, a challenge is laid to the judgment passed by the Court of 2nd Additional Sessions Judge, in the case arising out of FI.....

Tags : Acquittal, Evidence, Legality

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Notifications & Circulars

Evidence of Import under Import Data Processing and Monitoring System(12.01.2017)

Attention of Authorized Dealer Category-I (AD Category-I) banks is invited to A.P. (DIR Series) Circular No. 05 dated October 06, 2016 read with Secti.....

Tags : Import, Processing, Evidence

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Reducing documentary requirements for hedging transactions(07.04.2016)

The Reserve Bank of India released proposals to ease documentation requirements on residents for hedging currency risk arising out of trade transactio.....

Tags : hedging risk, derivate contracts, documentary evidence

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News

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

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Chhattisgarh High Court: Medical Evidence Not a Conclusive Proof(16.12.2016)

Chhattisgarh High Court has ruled that medical evidence is never conclusive and can be acted upon only when necessary and adequate corroboration is av.....

Tags : Chhattisgarh High Court, Conclusive Proof , Medical Evidence

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Bombay HC: No Need to Seek Leave for Leading Secondary Evidence(15.11.2017)

Bombay High Court has reiterated that under the Evidence Act there is no provision to seek leave for leading secondary evidence and directed the circu.....

Tags : Bombay High Court, Secondary Evidence

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Can’t Reject Approver’s Evidence If Confirmed: Madras High Court(02.04.2018)

Madras High Court has observed that if the evidence of the approver is corroborated by other material particulars, the same cannot be eschewed merely .....

Tags : Bombay High Court, Evidence

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Supreme Court: Failure to Report Crime Doesn't Mean Causing Disappearance of Evidence(15.02.2018)

Supreme Court has held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the.....

Tags : Supreme Court, Evidence

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Trial of Sohrabuddin Sheikh Fake Encounter Case to Start From Next Week(29.11.2017)

Trial of Sohrabuddin Sheikh Fake Encounter Case to Start From Next Week

Tags : "The court has issued summons to Sohrabuddin's brother Nayamuddin and some others, and the recording of evidence will start from November 29," said special CBI prosecutor B P Raju.

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Madras High Court: Primary Evidence of Electronic Record Admissible Without Compliance U/S 65(B)(23.05.2017)

Madras High Court has observed that primary evidence of electronic record under Section 62 of Indian Evidence Act, 1872 would be admissible in evidenc.....

Tags : Madras High Court, Electronic Record , Evidence

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Absconding, by Itself, Hardly Any Evidence of Guilt: Bombay HC(15.04.2019)

Bombay High Court has held that if a person is found to be on run after committing a crime, it will not be counted as “conclusive evidence” to prove h.....

Tags : Bombay High Court, Conclusive Evidence

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SC Allows Plea to Record Evidence of a Nigerian Doctor Through Video Conferencing(17.04.2019)

Supreme Court has allowed a plea to record evidence of a Nigerian doctor who conducted post mortem of deceased via video conferencing.

Tags : Supreme Court, Plea to Record Evidence, Video Conferencing

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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

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Rape Victim's Evidence Stands on Higher Pedestal Than That of Injured Witness: Bombay HC(11.02.2019)

Bombay High Court has acquitted a man convicted of raping his 15-year-old student who took tuition from him and also held that a rape victim's evidenc.....

Tags : Bombay High Court, Rape Victim's Evidence Stands on Higher Pedestal

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Eye Witnesses’ Evidence Can’t Be Doubted on Ground That They Made No Attempts to Save Deceased: SC(17.09.2018)

Supreme Court has observed that evidence of the eye witnesses cannot be doubted on the ground that they did not intervene in the attack nor made attem.....

Tags : Supreme Court, Eye Witness Evidence

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Bombay High Court Sets Aside Rape Conviction For Infirmities in Evidence of Prosecution(24.04.2017)

Bombay High Court has set aside rape conviction of one Anant Shivde, giving him benefit of doubt after it was found that evidence of prosecution suff.....

Tags : Bombay High Court, Prosecution, Evidence, Rape

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Bombay HC Permits Supply of Free Copies of Notes of Evidence in PDF Format to Parties(23.07.2018)

Committee of Administrative Judges of Bombay High Court has granted permission to supply digital copies of notes of evidence in PDF format to parties .....

Tags : Bombay High Court, Evidence

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Finger Print Evidence of Accused Not Illegal if Taken Without Magistrate's Order: SC(15.01.2019)

Supreme Court has observed that merely due to the absence of a magisterial order authorizing the police to obtain fingerprints of the accused, it cann.....

Tags : Supreme Court, Finger Print Evidence

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International Cases

Leave to appeal is required for each ground of appeal(24.12.2018)

The Appellant applies for leave to appeal against his conviction in the Children's Court of Western Australia of one count of burglary and one count o.....

Tags : Conviction, Evidence, Credibility

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