Search Results for Tag : Evidence
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
Evidence-based Impact of National Deworming Day in India(20.10.2020)
Soil-Transmitted Helminthiases (STH), also known as parasitic intestinal worm infection, is a significant public health concern mostly in low resource.....
Tags : Evidence, Impact, De-worming
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
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
A confession by an accused shall not be admissible as evidence against his or her co-accused(09.07.2021)
The issue before the Supreme Court was whether the evidence of a single witness was reliable and acceptable considering that the witness was declared .....
Tags : Conviction, Evidence, Credibility
Accused could only have been properly convicted, if the evidence of the single witness was clear and satisfactory in all material respects(01.09.2021)
In facts of present case, on 28 November 2018, the appellant, Mr. Lungisa Grifhs, was convicted together with two of his erstwhile co-accused in the R.....
Tags : Conviction, Evidence, Credibility
In the absence of demonstrable and material misdirection, Trial Court’s findings of fact are presumed to be correct(30.07.2021)
The Appellant was arrested and charged with murder. Appellant raised an alibi defence during trial before the South Gauteng High Court (trial court). .....
Tags : Conviction, Evidence, Credibility
Sentencing or punishment is pre-eminently a matter of discretion of the trial court, A court exercising appellate jurisdiction cannot, interfere in the absence of a material misdirection(23.01.2023)
In present case, the Appellant was convicted of the rape of his 9-year-old niece and sentenced to life imprisonment by the Regional Court. The issues .....
Tags : Conviction, Evidence, Credibility
Unless the court otherwise directs, an originating process must be supported by an affidavit stating the facts in support of the process(10.05.2023)
Matthew Hartland (Plaintiff) was employed as a carpenter/concreter by Togail Na Heireann Pty Ltd. On 21 May, 2020, he attended a site controlled and o.....
Tags : Damages, Personal injuries, Evidence
When self-defence has been specifically pleaded by the accused, the onus remains on the State to prove beyond reasonable doubt that the accused acted unlawfully(27.07.2023)
On 12 June 2020, the regional court, Benoni convicted Mr. Pillay for murder and sentenced the Appellant to 15 years’ imprisonment. On the same day, th.....
Tags : Conviction, Evidence, Legality
Leave to appeal must not be granted unless the court is satisfied that, the ground has a reasonable prospect of succeeding(08.08.2023)
Appellant was convicted of reckless driving, contrary to Section 60A(2) of the Road Traffic Act, 1974. He was fined $1,400, ordered to pay costs in th.....
Tags : Evidence, Conviction, Legality
Driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked(12.01.2022)
The Appellant was convicted of a contravention of regulation 265(2) in the Magistrates Court. Pursuant to Part 2 Division 2 of the Criminal Appeals Ac.....
Tags : Conviction, Evidence, Legality
Judgments
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
There must be a complete chain of evidence as not to leave any reasonable ground for a conclusion consistent with innocence of Accused(16.07.2019)
Present appeals have been filed by the prosecution assailing the judgment of the High Court acquitting the Respondents charged for the offences under .....
Tags : Circumstantial evidence, Acquittal, Legality
Conviction on basis of a solitary eye witness is sustainable only if there is reliable evidence proving guilt of accused(06.08.2019)
In facts of present case, the two Appellants have been convicted under Sections 302, 149 and 148 of the Indian Penal Code (IPC). The Appellants submit.....
Tags : Conviction, Evidence, Credibility
Convincing evidence on recoveries given by Investigating Officer could not be rejected merely because panch witness had turned hostile(26.08.2019)
By present revision application, the Applicant (original accused) has challenged judgments and orders of two Courts below, whereby he stood convicted .....
Tags : Conviction, Evidence, Credibility
Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their official status(06.01.2020)
Present Criminal Appeal is filed by the sole Accused, aggrieved by the judgment passed in Criminal Appeal by the High Court. The Appellant herein was .....
Tags : Conviction, Evidence, Credibility
Accused is obliged to furnish explanation under Section 313 of CrPC with regard to circumstances under which deceased met an unnatural death inside the house(07.11.2019)
The Appellant, husband of the deceased, is aggrieved by his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) affirmed by the High Cou.....
Tags : Conviction, Circumstantial Evidence, Credibility
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
The motive part loses its significance, when there is trustworthy evidence of witnesses as to commission of an offence(31.01.2020)
Present appeal is directed against judgment and order of sentence passed by the learned Additional Sessions Judge, whereby the learned Sessions Judge .....
Tags : Conviction, Evidence, Credibility
Statement recorded under Section 161 of CrPC can be used only to prove the contradictions and/or omissions(02.03.2020)
Feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court by which the High Court has confirmed the conviction of the App.....
Tags : Conviction, Evidence, Credibility
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
Projection of different story by prosecution adversely affects and destroys prosecution case and it is unsafe to convict accused on basis of same(27.04.2020)
Present criminal appeal has been filed against the impugned judgment passed by Additional Sessions Judge under Section 376, 308 of Indian Penal Code, .....
Tags : Conviction, Evidence, Credibility
If Investigating Officer conducts search, then, he must record the reason for doing so within seventy-two hours of the search(08.06.2020)
The instant appeal has been preferred against the judgment passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 .....
Tags : Conviction, Evidence, Credibility
When there is a time gap between an occurrence and the trial, it is impossible for police/Investigating Officer to recall minute details(18.06.2020)
Present appeal is against a common judgment and order passed by a Division Bench of the High Court dismissing Criminal Appeal filed by the Appellant, .....
Tags : Conviction, evidence, credibility
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
Mere delay in forwarding FIR to Magistrate is not a ground to acquit accused(26.05.2020)
The Appellant has challenged the judgment by the Allahabad High Court, confirming his conviction under section 302 read with Section 34 of the Indian .....
Tags : Conviction, Evidence, Credibility
In rape cases, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the prosecutrix, if cogent and reliable(23.10.2020)
The present appeal is preferred under Section 374 of Code of Criminal Procedure, 1973 (CrPC) on behalf of the Appellant challenging the judgment and o.....
Tags : Conviction, Evidence, Credibility
To prove the case under NDPS Act, ownership of the vehicle is not required to be established(10.09.2020)
Original accused no.1 has preferred the present appeal against impugned Judgment passed by the High Court by which the High Court has dismissed the sa.....
Tags : Conviction, Evidence, Credibility
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
Conviction Can Be Based On Sole Testimony Of Victim If Reliable And Trustworthy(14.10.2020)
The Appellant – original accused has preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment and order passed by t.....
Tags : Conviction, Evidence, Credibility
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
If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony(09.10.2020)
Present Appeal has been preferred by 5 accused, challenging the judgment whereby, the Madhya Pradesh High Court, approved the conviction of the appell.....
Tags : Conviction, Evidence, Credibility
If the circumstance is sought to be proved by a solitary witness then the Court has to be conscious on relying that solitary evidence(01.10.2020)
The State of Bihar has challenged the judgment of acquittal passed by the learned 2nd Additional Sessions Judge, whereby Respondent nos. 1 to 3 have b.....
Tags : Acquittal, Evidence, Witnesses
When the test identification parades are held in police presence, statements made by the identifiers to a police officer fall within the ban of Section 162 of CrPC(29.10.2020)
The present Appeal challenges the judgment of the High Court, whereby the Criminal Appeal was disposed of upholding the conviction of the Appellant in.....
Tags : Conviction, Evidence, Credibility
Dying declaration cannot be disbelieved on mere basis that parents and relatives of deceased were present in hospital while recording it(03.03.2021)
Present appeal has been filed by the Accused aggrieved by the judgment and order passed by the High Court whereby, his conviction and order of sentenc.....
Tags : Conviction, Evidence, Credibility
In a case based on circumstantial evidence, circumstances must be consistent only with the hypothesis of the guilt of the accused and inconsistent with the innocence(23.02.2021)
The accused Appellant was charged for offence under Section 302 of Indian Penal Code, 1860 (IPC) for the murder of his own wife while she was at the a.....
Tags : Conviction, Evidence, Credibility
Discharge under Section 239 of the CrPC can be ordered, when the Magistrate considers the charge against the accused to be groundless(01.03.2021)
The case is instituted upon the complaint filed by the first Respondent ('the complainant'). The offences alleged against the accused in the case are .....
Tags : Evidence, Discharge, Entitlement
Secondary evidence can be permitted to be produced where party establishes factual foundation(13.05.2020)
Present appeal is directed against the judgment passed by the High Court whereby the High Court confirmed the order passed by the Civil Judge in appli.....
Tags : Will, Secondary evidence, Entitlement
Examination of independent witnesses is not an indispensable requirement and non-examination is not necessarily fatal to the prosecution case(06.05.2021)
The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court, by which the High Co.....
Tags : Conviction, Evidence, Credibility
Pleas of unsoundness of mind or mitigating circumstances like juvenility of age ought to be raised during trial itself(19.08.2020)
The present criminal appeal is at the instance of Accused-Appellant who impugns the judgment of the High Court whereby his appeal against a judgment o.....
Tags : Conviction, Evidence, Legality
Evidence of witnesses cannot be disbelieved on basis of minor contradiction(06.07.2021)
Present appeal is filed against judgment and order passed by the High Court, by which the High Court has dismissed the said appeal preferred by the Ap.....
Tags : Conviction, Evidence, Credibility
Mere demand of dowry is not sufficient to bring home the offence to an accused(21.06.2021)
The Appellants being aggrieved against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge has preferred.....
Tags : Conviction, Evidence, Credibility
When the evidence of the official witnesses is trustworthy and credible, there is no reason not to rest the conviction on the basis of their evidence(03.07.2020)
In facts of instant case, the Excise Circle Inspector (PW3) of Hosdurg Excise Range found the Petitioner/accused with a can containing three litres of.....
Tags : Conviction, Evidence, Credibility
In absence of any evidence of coercion or undue influence the statements recorded during the survey are admissible evidence(17.05.2021)
Facts of the case are that a survey action under Section 133A of the Income Tax Act, 1961 (IT Act) was conducted at the business premises of the asses.....
Tags : Assessment, Survey proceedings, Evidence
If the testimony of the child victim inspires confidence and is reliable, it is sufficient to record the conviction(10.08.2021)
The present appeal is preferred on behalf of the Appellant challenging the judgment on conviction and order on sentence passed by the trial Court aris.....
Tags : Conviction, Evidence, Credibility
Evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only(29.10.2021)
In facts of present case, trial Court vide separate judgments and orders under Sections 132, 135(1)(a)(ii) read with 135A of the Customs Act 1962, had.....
Tags : Conviction, Evidence, Culpability
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
There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned(17.12.2021)
The Appellant are aggrieved by the common judgment passed by the High Court upholding the judgment of conviction under Sections 304B and 201 read with.....
Tags : Conviction, Evidence, Credibility
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
In absence of any evidence to show meeting of minds, it is not safe to hold a person guilty under Section 120-B of IPC(07.12.2021)
Present Appeal is directed against the judgment passed by the High Court whereby, the High Court has dismissed the Appeal filed by the Appellant / acc.....
Tags : Conviction, Evidence, Credibility
Circumstances howsoever strong cannot take place of proof and the guilt of the accused have to be proved by the prosecution beyond reasonable doubt(15.02.2022)
The present appeal filed by the Appellants-accused emanates from the Judgment passed by the High Court, whereby the High Court has dismissed the said .....
Tags : Circumstantial evidence, Conviction, Legality
Different statement given by the same prosecution witness in another case would not be a reason for recalling the witness(21.06.2022)
The Petitioner before present Court had challenged the order which has been passed in Sessions Trial before the High Court whereupon the impugned judg.....
Tags : Conviction, Evidence, Credibility
Mere facts that, the weapon used is not recovered cannot be a ground not to rely upon the dying declaration(01.04.2022)
The State has preferred the present appeal against the impugned judgment passed by the High Court by which the High Court has acquitted the Respondent.....
Tags : Conviction, Evidence, Credibility
Minor inconsistencies in the statement of witnesses are not of any consequence in case of concurrent findings recorded by Courts below(05.07.2022)
The instant appeal is preferred by the accused against final judgment passed by High Court whereby the Division Bench of High Court declined to interf.....
Tags : Conviction, Evidence, Credibility
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
Conviction cannot be based on the testimony of a wholly unreliable witness(03.06.2022)
Instant appeals challenges the judgment delivered by the Division Bench of the High Court, thereby dismissing the appeal filed by the present appellan.....
Tags : Conviction, Evidence, Credibility
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
Accused is not required to prove his defence beyond a reasonable doubt but only by preponderance of probabilities(04.08.2022)
The present appeal arises from the judgment passed by the High Court dismissing the Appellant's appeal against judgment passed by the First Additional.....
Tags : Conviction, Evidence, Credibility
If the earlier Magistrate has recorded the evidence in detail, there is no necessity for the succeeding Magistrate to hold de nova trial(11.07.2022)
In facts of present case, the applicant has filed Summary Criminal Case for the offence punishable under Section 138 of the Negotiable Instruments Act.....
Tags : Evidence, Denovo trial, Legality
If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the trial court(03.03.2023)
The appeal challenges the judgment and order passed by the High Court thereby reversing the judgment and order passed by the trial court, vide which t.....
Tags : Conviction, Evidence, Credibility
In an appeal against acquittal, the power of the appellate court to reappreciate evidence and come to its own conclusion is not circumscribed by any limitation(17.07.2023)
Present appeal assails the judgment and order of the High Court. By the said order, though the delay in preferring the appeal against the judgment and.....
Tags : Evidence, Acquittal, Legality
In case of trivial matter, Court can refuse to draw the presumption of corruption(03.10.2023)
Present appeal is filed by the Appellant/original complainant against the judgment delivered by the Special Judge (under the Prevention of Corruption .....
Tags : Inconsistencies, Evidence, Acquittal
Once any gratification other than legal remuneration is proved to have been accepted by Accused, Court is entitled to raise the presumption under Section 20 of PC Act, 1988(21.09.2023)
The instant Appeal is directed against the judgment and order passed by the High Court, whereby the High Court had dismissed the Appeal filed by the A.....
Tags : Conviction, Evidence, Credibility
In a case based on circumstantial evidence, non- explanation or false explanation of accused under Section 313 of CrPC cannot be used as an additional link to complete chain of circumstances(24.01.2024)
Present appeal challenges the judgment and order, passed by the Division Bench of the High Court thereby dismissing the appeal filed by the Appellant,.....
Tags : Conviction, Evidence, Credibility
Confession of an accused recorded by a Police Officer is not admissible as evidence(01.03.2024)
Present appeals take exception to the final impugned judgment passed by the High Court rejecting the Criminal Appeal preferred by the appellants assai.....
Tags : Conviction, Evidence, Credibility
Revisional Court cannot substitute its opinion simply because another view is possible(02.01.2024)
The Applicant-Original accused has questioned the legality, correctness and propriety of the judgment and order passed by the Sessions Court. Learned .....
Tags : Conviction, Evidence, Credibility
Power to record additional evidence under Section 391 of CrPC should only be exercised, when the party making such request is diligent(29.01.2024)
The instant appeal by special leave filed at the behest of the Appellant accused calls into question the order passed by the High Court rejecting the .....
Tags : Provision, Applicability, Additional evidence
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
Appellate Court cannot overturn order of acquittal only on basis that another view is possible(10.04.2024)
In present case, the Appellants, who are father and son, were prosecuted for the offence punishable under Section 302, read with Section 34 of the Ind.....
Tags : Conviction, Evidence, Credibility
Sole admission under Section 313 of CrPC in absence other corroborative piece of evidence, cannot be made basis of conviction(18.03.2024)
Judgment and order passed by Additional Sessions Judge, thereby convicting husband and in-laws (Appellants) for offence punishable under Section 498A .....
Tags : Conviction, Evidence, Credibility
News
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.
KHC: If Victim’s Evidence Inspires Confidence, Court Can Convict Rape Accused(16.10.2019)
Karnataka High Court (KHC) has observed while setting aside an acquittal order and convicting a man on charges of raping a minor girl that the very ev.....
Tags : KHC, Evidence
Allahabad HC: Accused Has Right to Summon Evidence/Witness Relevant for Prosecution Evidence(04.11.2020)
Allahabad High Court allowed an application for recall of witness moved by an accused under Section 311 of the Code of Criminal Procedure, 1973 while .....
Tags : Allahabad High Court, Right to Summon Evidence/Witness
SC: Cannot Discharge Murder Accused Only Based on Postmortem Report(27.07.2022)
Supreme Court has held that a trial court could not discharge the accused from murder charges merely relying on Post mortem report indicating cause of.....
Tags : Supreme Court, Murder, Postmortem, Substantive Evidence
Guj. HC: Oral Dying Declaration Which is Reliable & Not Controverted by Defence is Admissible(27.07.2022)
Gujarat High Court has held that a dying declaration cannot be said to be inadmissible merely because it was given orally. The Court stated that an or.....
Tags : Gujarat High Court, Dying Declaration, Evidence
Delhi HC: Court Cannot Re-Appreciate Evidence Already Considered by Departmental Authorities(02.08.2022)
Delhi High Court has held that in cases of departmental enquiries, it cannot re-appreciate evidence which has already been reasonably considered by th.....
Tags : Delhi High Court, Departmental Enquiries, Evidence
Certificate required under Section 65B(4) of Evidence Act is a condition precedent to the admissibility of evidence by way of electronic record(14.07.2020)
Present Civil Appeals have been referred to a Bench of three honourable Judges of this Court by a Division Bench reference dealing with the interpreta.....
Tags : Admissibility, Evidence, Provision, Interpretation
Mere bald allegations without narrating details, would not be sufficient to gravitate charge under Section 498A of IPC(19.06.2024)
Appellant is challenging the judgment and order of conviction recorded by trial Court, thereby convicting for offence punishable under Sections 498A a.....
Tags : Conviction, Evidence, Legality
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
Supreme Court: Accused Cannot be Convicted of Rape on Basis of Sole Testimony of Prosecutrix(17.02.2020)
Supreme Court has held that the conviction of an accused in Rape Cases cannot be done based on the sole testimony of the Prosecutrix unless she passes.....
Tags : Supreme Court, Evidence of Prosecutrix in Rape Case
SC: Discrepancies in Evidence Against Delinquent Not to Interfere with Disciplinary Inquiry(17.02.2020)
Supreme Court has observed that the findings of disciplinary inquiry cannot be interfered with only on the ground that there are discrepancies in the .....
Tags : Supreme Court, Discrepancies in Evidence Against Delinquent
SC: Evidence of Interested Person Can be Considered If It is Corroborated(05.03.2021)
Supreme Court has observed that the evidence of interested person can be considered provided such evidence is corroborated by other evidence on record.....
Tags : Supreme Court, Evidence of Interested Person
SC: Statement of Accused Not Substantive Evidence of Defence to Rebut Presumption u/s 139 NI Act(10.03.2021)
Supreme Court has stated that the statement of the accused recorded under Section 313 of the Code of Criminal Procedure, 1973 is not a substantive evi.....
Tags : Supreme Court, Evidence of Defence to Rebut Presumption u/s 139 NI Act
SC: Strict Rules of Evidence Not Applicable in Motor Accident Compensation Cases(12.12.2022)
Supreme Court has held that strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases.
Tags : Supreme Court, Motor Accident, Evidence
Unless the findings are patently incorrect and against the evidence, an order of acquittal cannot be reversed(26.06.2024)
Present is an appeal against acquittal. The de facto complainant/victim is the Appellant. He expired and his legal heirs are the additional appellants.....
Tags : Acquittal, Evidence, Legality
Before acting upon opinion of hand-writing expert, Court must see that, such evidence is corroborated by either direct or other circumstantial evidence.(14.01.2020)
Present appeal has been preferred challenging the impugned judgment passed by the High Court whereby the High Court dismissed the revision petition fi.....
Tags : Conviction, Evidence, Credibility
Detention under the preventive detention laws is not punitive but is essentially a precautionary measure intended to prevent and intercept a person(13.01.2020)
In present case, the Superintendent of Special Customs Preventive Unit, Kannur intercepted the jeep. The second accused was the driver of the jeep. Th.....
Tags : Conviction, Evidence, Credibility
Once a plausible version has been put forth in defence at the examination stage, then it is for the prosecution to negate the defense plea(28.07.2020)
The present Criminal Appeal has been preferred by Appellant impugning the judgment of the High Court through which challenge to a judgment passed by t.....
Tags : Conviction, Evidence, Credibility
Fraudulent or dishonest intention must exist at the time of initial promise or formation of contract(27.07.2020)
The Petitioner being the convict has challenged the judgment and order of conviction and sentence delivered in case by the Judicial Magistrate, by mea.....
Tags : Conviction, Evidence, Credibility
A fact can be said to have been proved, if it is established beyond reasonable doubt and not on preponderance of probability(05.08.2020)
The Appellant assails his conviction under Section 8C read with Section 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("th.....
Tags : Conviction, Evidence, Credibility
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
SC: Statement u/s 161 CrPC Inadmissible in Evidence and Cannot be Relied Upon for Conviction(03.03.2020)
Supreme Court has reiterated that a Statement recorded under Section 161 of the Code of Criminal Procedure, 1973 is inadmissible in evidence and canno.....
Tags : Supreme Court, Evidence to Uphold Conviction
Delhi HC Dismisses Ansal Brothers' Pleas Seeking Suspension of Sentence in Evidence Tampering Case(16.02.2022)
Delhi High Court has dismissed the pleas filed by real estate barons, Sushil Ansal and Gopal Ansal, seeking suspension of their seven-year jail term i.....
Tags : Delhi High Court, Suspension of Sentence in Evidence Tampering Case
SC: Right Not to Have Legitimacy of Children Questioned Frivolously is Part of Right to Privacy(21.02.2023)
Supreme Court while observing that DNA tests of children may be directed only if there is prima-facie material to dislodge presumption under Section 1.....
Tags : Supreme Court, Legitimacy, Evidence Act, DNA Test
SC: Appellate Court Can’t Remand Suit for De Novo Trial Only Because Evidence Not Adduced(01.03.2023)
Supreme Court has held that merely because particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot a.....
Tags : Supreme Court, Appellate Court, De Novo Trial, Evidence
SC: Mere Commission of Suicide Itself Not Sufficient to Raise Presumption U/S 113A Evidence Act(01.03.2023)
Supreme Court has held that mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section .....
Tags : Supreme Court, Suicide, Evidence, Presumption
AP HC: Non Cross Examination Implies Statement of Witness Has Not Been Disputed(30.03.2022)
Andhra Pradesh High Court has held that the principles regarding cross-examination as not merely being a technical rule of evidence but a rule of esse.....
Tags : Andhra Pradesh High Court, Cross-Examination, Rule of Evidence, Evidence
P&H HC: Production Of Certificate Not Necessary to Obtain Voice Sample of Accused(30.03.2022)
Punjab and Haryana High Court has ruled that while filing an application by the prosecution to obtain the voice sample of the accused for the purposes.....
Tags : Punjab and Haryana High Court, Section 65B(4) of the Evidence Act, voice sample, certificate
Delhi HC: Can’t Resort to S. 34(4) of A&C Act for Considering New Material Evidence(28.03.2023)
Delhi High Court has held that recourse to Section 34(4) of Arbitration and Conciliation (A&C) Act cannot be taken to permit the arbitral tribunal to .....
Tags : Delhi High Court, Arbitration, Material Evidence
P&H HC: Application Under Section 311 CrPC Can be Filed by Anyone(30.03.2023)
Punjab and Haryana High Court has observed that Section 311 CrPC can be invoked by anyone and not just prosecution or complainant, who is able to show.....
Tags : Punjab and Haryana High Court, CrPC, Evidence, Just Decision
SC: Suggestions to Witness by Defence Counsel in Cross Examination is Part of Evidence(03.04.2023)
Supreme Court has held that suggestions made to witness by defence counsel and reply to such suggestions would definitely form part of evidence and ca.....
Tags : Supreme Court, Cross Examination, Evidence, Suggestions
SC: Injured Witness’s Evidence has Greater Evidentiary Value(03.04.2023)
Supreme Court while reiterating principles on appreciation of oral evidence of injured eye witnesses during trial stage has observe that evidence of i.....
Tags : Supreme Court, Evidentiary Value, Injured Eye Witness, Oral Evidence
Supreme Court: Evidence Given to Raise Presumption Under Section 139 NI Act Cannot be Discarded(22.08.2019)
Supreme Court has ruled that evidence adduced by the Complainant under Section 138 of the Negotiable Instruments Act, 1881(NI Act) to raise statutory .....
Tags : Supreme Court, Evidence
SC: Private Complaints Alleging Offences u/s 191 & 192 IPC Not Maintainable(04.09.2020)
Supreme Court has held that a private complaint under Section 190 of the Code of Criminal Procedure, 1973 cannot be filed alleging offences under Sect.....
Tags : Supreme Court, False Evidence
SC: Ocular Evidence Can be Disbelieved When Gross Contradiction Between Medical and Oral Evidence(27.07.2021)
Supreme Court has set aside an order of High Court that acquitted an accused in a murder case observing that ocular evidence is considered the best ev.....
Tags : Supreme Court, Ocular Evidence
Delhi HC: Re-Examination Can't be Used to Give Chance to Undo Statement Made in Cross Examination(06.06.2022)
Delhi High Court has held that the opportunity of re-examination cannot be used to give a chance to a witness to undo its statement made in cross-exam.....
Tags : Delhi High Court, Evidence, Re-Examination
Allahabad HC: Court Can Allow Production of Certificate U/S 65-B(4) of IEA at Later Stage of Trial(10.06.2022)
Allahabad High Court has held that trial court has power to allow prosecution to produce the certificates under Section 65-B (4) of the Indian Evidenc.....
Tags : Allahabad High Court, Evidence Act, Certificate
All. HC: S. 106 IEA Not Attracted Unless Initial Burden of Establishing Guilt of Accused Discharged(30.05.2023)
Allahabad High Court has observed that Section 106 of the Indian Evidence Act (IEA) cannot be attracted in a case unless prosecution prima facie disch.....
Tags : Allahabad High Court, Section 106 of the Indian Evidence Act
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
Allahabad High Court: Cogent Evidence Required to Summon Any Person under Section 319 CrPC(28.11.2019)
Allahabad High Court has ruled that cogent evidence was required to summon a person under Section 319 of Code of Criminal Procedure, 1973 and that the.....
Tags : Allahabad High Court, Evidence
Allahabad High Court: Evidence not Part of Case Diary Cannot Form Basis for Taking Cognizance(29.11.2019)
Allahabad High Court has clarified that material which does not form part of the case diary nor has been collected by the Investigating Officer cannot.....
Tags : Allahabad High Court, Evidence
Guj. HC: When Substantial Evidence Fails, Corroborative Evidence Loses Significance(18.07.2022)
Gujarat High Court has held that where substantial evidence to connect an accused with the crime is lacking, other corroborative evidence loses its si.....
Tags : Gujarat High Court, Substantial Evidence, Corroborative Evidence
Delhi Court Upholds Ansal Brothers' Conviction in Evidence Tampering Case(19.07.2022)
Delhi Court has dismissed the appeals of real estate barons Sushil Ansal and Gopal Ansal challenging their conviction in the evidence tampering case i.....
Tags : Delhi Court, Evidence Tampering, Uphaar Fire Tragedy
Cal. HC: Disciplinary Authority Shouldn’t Make Any Comment not Based on Any Evidence(29.08.2023)
Calcutta High Court while reinstating a CISF Constable and observing that baseless comments by disciplinary authority leave ‘permanent scar’ on employ.....
Tags : Calcutta High Court, Disciplinary Authority, Evidence, Comment
Allahabad HC: Power u/s 391 CrPC Same as Power Under Order XLI Rule 27 CPC(31.08.2021)
Allahabad High Court has observed that power under Section of 391 of the Code of Criminal Procedure, 1973 is akin to those of Order XLI Rule 27 of the.....
Tags : Allahabad High Court, Power to Take Additional Evidence
P&H HC: Bail May Be Granted If Case Not Concluded in 60 Days from initiation of Prosecution Evidence(22.08.2022)
Punjab and Haryana High Court has held that in terms of Section 437(6) of Code of Criminal Procedure (CrPC), bail ought to be granted where the trial .....
Tags : Punjab and Haryana High Court, Bail, Prosecution Evidence
SC: Confession Recorded by Additional Superintendent of Police Admissible in Evidence(26.08.2022)
Supreme Court has held that a confession recorded by an Additional Superintendent of Police is admissible in evidence under Section 18 of Maharashtra .....
Tags : Supreme Court, Evidence, Confession
SC: Can’t Give Greater Credibility of Extra-Judicial Confessions Because Newspapers Reported it(03.08.2023)
Supreme Court while observing that newspaper report is only hearsay evidence and can only be treated as secondary evidence under Indian Evidence Act, .....
Tags : Supreme Court, Extra-Judicial Confessions, Hearsay Evidence, Newspaper
Ker. HC: Can’t Extend Presumption U/S 114(a) IEA in Absence of Incriminating Circumstances(04.08.2023)
Kerala High Court has held that in case where there is absence of any incriminating circumstances, Court can’t extend the presumption under Section 11.....
Tags : Kerala High Court, Evidence, Presumption
SC: Duty on the Prosecution is to Lead Only Such Evidence, Which it is Capable of Leading(07.08.2023)
Supreme Court while observing that law does not enjoin a duty on the prosecution to lead evidence of such character, which is almost impossible to be .....
Tags : Supreme Court, Prosecution, Evidence
SC: Evidence Showing Meeting of Minds Between Conspirators Important for Offence u/s 120-B IPC(08.12.2021)
Supreme Court has observed that in absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an .....
Tags : Supreme Court, Evidence Showing Meeting of Minds Between Conspirators
ITAT, Delhi: Addition Cannot be Made on Evidence of Third Party(09.12.2021)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the Addition cannot be made on evidence of third party without granting the cross-examinatio.....
Tags : Income Tax Appellate Tribunal, Addition on Evidence of Third Party
Patiala House Court: Courts in Delhi Duty-Bound to Record Evidence in Hindi Upon Request(02.11.2022)
Patiala House Court, Delhi has held that courts in the national capital are duty-bound to record evidence or any other proceedings in Hindi whenever s.....
Tags : Patiala House Court, Hindi, Evidence
Madras HC: Can’t Blame School Authorities And Teachers for Every Student’s Suicide(04.11.2022)
Madras High Court while criticizing the trend of parents implicating school authorities and teachers for student’s committing suicide has observed tha.....
Tags : Madras High Court, Student Suicide, Evidence
SC: Ballistic Report Forwarded Under the Seal is Admissible in Evidence(07.11.2022)
Supreme Court has held that a Ballistic Report forwarded by Director/Deputy Director/Assistant Director of a lab under the seal can be said to be in c.....
Tags : Supreme Court, Ballistic Report, Evidence
SC: Registration of Adoption Deed Doesn’t Absolve Party to Prove Fact of Adoption(22.11.2023)
Supreme Court has held that mere registration of an Adoption Deed does not absolve the person asserting such adoption from proving that fact by cogent.....
Tags : Supreme Court, Adoption Deed, Cogent Evidence
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
CESTAT Chennai: CA’s Certificate Certifying Tax Burden can be Considered as Evidence(15.01.2020)
Customs Excise and Service Tax Appellate Tribunal, Chennai has ruled that the Chartered Accountant’s Certificate that categorically certifies that the.....
Tags : Customs Excise and Service Tax Appellate Tribunal, Chartered Accountant's Certification, Evidence
Supreme Court: Conviction Cannot be Solely Based on Evidence of Hand-Writing Expert(15.01.2020)
Supreme Court has reiterated that without an independent and reliable corroboration, the opinion of the handwriting experts cannot be relied upon to b.....
Tags : Supreme Court, Evidence, Hand- Writing
SC: Video of Confession Made Before Police Inadmissible in Evidence(03.10.2022)
Supreme Court while setting aside concurrent conviction in a murder case, has held that videography containing confession made by an accused to police.....
Tags : Supreme Court, Confession, Evidence
Cal. HC: Writ Court Can’t Re-appreciate Evidence Already Examined by Industrial Tribunal(03.10.2022)
Calcutta High Court has held that High Courts can’t interfere with awards passed by Tribunals by re-appreciating evidence already considered and exami.....
Tags : Calcutta High Court, Evidence, Industrial Tribunal
SC: No Obligation to Frame Charges if Offence Not Made Out from Evidence Admitted by Prosecution(05.12.2023)
Supreme Court has held that if the necessary ingredients of an offence are not made out from the admitted evidence of the prosecution, then the Court .....
Tags : Supreme Court, Charges, Evidence, Prosecution
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
SC: Application Not Necessary for Producing Secondary Evidence(30.03.2020)
Supreme Court has held that there is no need to file an application seeking permission to produce secondary evidence.
Tags : SC, Secondary Evidence
Guj. HC: Can’t Curtail Liberty of Person on Mere Apprehension that he Might Tamper Evidence(27.12.2022)
Gujarat High Court has held that it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be.....
Tags : Gujarat High Court, Personal Liberty, Tamper, Evidence
All. HC: Removing Body from Murder Scene to Another Place Doesn't Come U/S 201 IPC(29.12.2022)
Allahabad High Court has observed that removing dead body from the scene of the murder to another place does not come within the ambit of Section 201 .....
Tags : Allahabad High Court, Murder Scene, 201 IPC, Evidence
SC: Cognizance of Suppl. Charge-Sheet Can’t be Taken if it Lacks Fresh Oral or Documentary Evidence(24.01.2024)
Supreme Court has observed that a Judicial Magistrate would not be allowed to take cognizance of a supplementary charge-sheet submitted after further .....
Tags : Supreme Court, Documentary Evidence, Supplementary Charge-Sheet
Supreme Court: Party Not Diligent at Trial Can’t Seek to Produce Additional Evidence in Appeal(31.01.2024)
Supreme Court while observing that the power to record additional evidence at the appellate stage should not be exercised in a routine and casual mann.....
Tags : Supreme Court, Additional Evidence
Rajasthan HC: Medical Evidence Cannot be Doubted at Stage of Framing of Charges(25.04.2022)
Rajasthan High Court has observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law .....
Tags : Rajasthan High Court, Medical Evidence, Stage of Framing of Charges
ITAT, Mumbai: Data Retrieved From Pen Drive Can’t be Sole Evidence For Re-Assessment(28.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the data retrieved from the pen drive seized during the search can’t be a sole basis for re-assess.....
Tags : Income Tax Appellate Tribunal, data retrieved, Income Tax Act, 1961, section 147, section 148, section 65B (4), Indian Evidence Act, 1872
Ker. HC: Can’t Recall Child Witness to Fill Up Lacuna and Omission in Evidence of Accused(24.05.2024)
Kerala High Court has held that as per the Protection of Children from Sexual Offences Act, 2012 accused cannot recall a child witness for cross-exami.....
Tags : Kerala High Court, Child Witness, Omission in Evidence
Ker. HC: Independent Evidence of Accomplice Sufficient in Itself to Sustain Conviction(28.05.2024)
Ker. HC has observed that independent evidence of accomplice should, in itself, be sufficient to sustain conviction. What is required is that there is.....
Tags : Kerala High Court, Independent Evidence, Accomplice
Ker HC: Onus to Bring Statement Within Ambit of Sec. 32(1) of IEA is on Party Who Wishes to Avail it(31.05.2024)
Ker HC has observed that provisions of Section 32(1) of Indian Evidence Act, 1872 are in nature of an exception and onus of establishing the circumsta.....
Tags : Kerala High Court, Indian Evidence Act, Exceptions
Supreme Court Explains Expert Evidence Should not be Given Preference Over Substantive Evidence(29.08.2019)
Supreme Court has clarified that expert evidence should not be given preference over substantive evidence. The Court also observed that generally mere.....
Tags : Supreme Court, Expert Evidence
CESTAT: No Penalty on Confiscated Gold Bar in The Presence of Cogent Evidence(29.06.2022)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that no penalty arises on a confiscated gold bar in the presence of.....
Tags : CESTAT, Confiscated, Cogent Evidence
Kar. HC: Counsel Entitled to Physically Accompany Party to Remote Point While Giving Evidence Via VC(01.07.2022)
Karnataka High Court has held that a advocate appearing for the parties are entitled to be physically present at the remote point from where the evide.....
Tags : Karnataka High Court, Video Conferencing, Evidence
SC: Court’s Should Avoid Detailed Deliberation of Evidence in Bail Pleas(02.05.2023)
Supreme Court has observed that detailed elaboration of evidence has to be avoided at the stage of grant/rejection of bail/anticipatory bail, as in th.....
Tags : Supreme Court, Bail, Liberty, Evidence
Gujarat HC: Court can Allow Evidence on Affidavit in Cases Under Domestic Violence Act(10.05.2023)
Gujarat High Court has held that Court can allow evidence on affidavit in its discretion and while considering aims/objects of the Domestic Violence. .....
Tags : Gujarat High Court, Evidence, Affidavit, Domestic Violence
Pat. HC: Can’t Treat Report of Inquiry Officer as Evidence When Improper Examination of Evidence Done(04.07.2024)
Patna High Court has held that in a disciplinary proceeding, the report of Inquiry Officer cannot be treated as evidence by disciplinary authority whe.....
Tags : Patna High Court, Inquiry Officer, Examination of Evidence, Disciplinary Authority
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
CESTAT: Statement u/s 14 of Central Excise Act has no Evidentiary Value without Cross Examination(05.05.2022)
Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad has observed that the statement made under Section 14 of the Central Excise Act, 1944 be.....
Tags : Customs, Excise, Evidentiary Value, Admissible Evidence
Meghalaya HC: Trend of False Affidavits/Evidence May Render Judiciary Irrelevant(19.06.2023)
Meghalaya High Court while upholding conviction of rape accused, has observed that unless Indian judges get serious with litigants and witnesses, the .....
Tags : Meghalaya High Court, False Affidavits, Evidence
SC: Chain of Circumstantial Evidence has to be Complete in All Respect(20.06.2023)
Supreme Court has held that in case of circumstantial evidence the chain has to be complete in all respects so as to indicate the guilt of the accused.....
Tags : Supreme Court, Circumstantial Evidence, Chain
MP HC: Admission of Unauthorised Recordings of Wife's Conversations Declined(06.08.2024)
Madhya Pradesh High Court while addressing the issue of admissibility of electronic evidence, has observed that unauthorized recordings of wife’s conv.....
Tags : MP High Court, Electronic Evidence, Privacy Rights
Allahabad High Court: Contradiction in Medical Evidence and Eyewitness Creates Doubt(07.08.2024)
Allahabad High Court while setting aside the conviction of an accused under Section 304(1) of IPC, 1860 has observed that contradiction in medical evi.....
Tags : Allahabad High Court, S. 304(1) of IPC, Medical Evidence
Calcutta High Court: Strict Rules of Evidence not Required to be Followed in Domestic Enquiries(11.12.2019)
Calcutta High Court while dismissing a writ petition said that it is a settled law that in domestic enquiries strict rules of evidence is not required.....
Tags : Calcutta High Court, Evidence
Guj. HC: Court Must be Satisfied of Prima Facie Case Against Accused While Framing Charges(09.08.2022)
Gujarat High Court has held that only a prima facie involvement of the accused in an alleged crime is required for framing of charges and the Court ne.....
Tags : Gujarat High Court, Charges, Prima Facie, Evidence
SC: Rule of Evidence to Prove Criminal Charges Can’t be Used While Deciding MAC Claims(12.08.2022)
Supreme Court has held that rule of evidence to prove criminal charges can’t be used while deciding application seeking motor accident compensation (M.....
Tags : Supreme Court, MAC, Evidence
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
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
SC: Signed Carbon Copy As Good As Original in Evidence(31.10.2019)
Supreme Court has held that signed carbon copy of a document is as good as the original document and can be admissible as a primary evidence under Sec.....
Tags : Supreme Court, Indian Evidence Act
ITAT: Supporting Evidence Mandatory for Claim TDS Credit in Absence of TDS Certificate(01.09.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that supporting evidence is mandatory for claiming TDS Credit in absence of a TDS Certific.....
Tags : ITAT, TDS Credit, Supporting Evidence
Allahabad HC: Accused Can't Seek Trial Court's Direction to Collect Particular Evidence(05.09.2022)
Allahabad High Court has held that an accused cannot ask the trial Court for a direction to the prosecuting agency that a shred of particular evidence.....
Tags : Allahabad High Court, Evidence, Prosecuting Agency
SC: Court can Record Presence of that Absent Party Alone who has led Substantial Evidence(17.08.2023)
Supreme Court has held that as per Order XVII Rule 2 of CPC, Court would proceed to pass orders with respect to any of the parties being absent which .....
Tags : Supreme Court, Substantial Evidence, Appear
SC: Certificate is Condition Precedent to Admissibility of Electronic Evidence(15.07.2020)
Supreme Court has held that the certificate required under Section 65B(4) of the Indian Evidence Act, 1872 is a condition precedent to the admissibili.....
Tags : Supreme Court, Admissibility of Electronic Evidence
P&H HC: Mistake by Court While Adjourning Matter Can't Take Away Right of Party to Lead Evidence(23.05.2022)
Punjab and Haryana High Court has held that the plaintiff-respondent cannot be deprived of her valuable right of leading evidence merely because the C.....
Tags : Punjab and Haryana High Court, Adjourning, Right to lead Evidence
P&H HC: Previous Statement of Witness Should be Put to His Notice if it’s Used For Contradicting Him(31.05.2022)
Punjab and Haryana High Court has held that if the witness was not confronted with that part of the statement with which the defense wanted to contrad.....
Tags : Punjab & Haryana High Court, Witness, Statement, Evidence Act
Delhi Court to Aaj Tak: Don’t Telecast Evidence Related to Shraddha Walkar Murder Case(10.04.2023)
Delhi Saket Court while restricting Aaj Tak from telecasting any material in relation to the Shraddha Walkar murder case, has observed that any dissem.....
Tags : Delhi Saket Court, Aaj Tak, Shraddha Walkar Murder Case, Telecast, Evidence
HP HC: Make Judicious Use of Provision for Additional Evidence U/S 391 CrPC(13.04.2023)
Himachal Pradesh High Court while observing that powers under Section 391 CrPC must be judiciously exercised, has held that allowing additional eviden.....
Tags : Himachal Pradesh High Court, Additional Evidence, CrPC, Judicious Use
Patna HC: Oral Evidence Admissible to Prove Contents of Document u/s 92 of IEA(28.06.2024)
Patna High Court has held that to prove the contents of documents under Section 92 of the Indian Evidence Act, 1872, oral evidence could be admissible.....
Tags : Patna High Court, S. 92 of IEA, Oral Evidence
SC: If Accused Are Already Shown to Witnesses in Police Station, Sanctity of TIP is Doubtful(09.08.2023)
Supreme Court while hearing an appeal against the conviction based on circumstantial evidence, has observed that if the accused are already shown to t.....
Tags : Supreme Court, Circumstantial Evidence, Test Identification Parade
SC: Threatening a Person to Withdraw Complaint Won’t Attract Offence U/S 195A IPC(10.08.2023)
Supreme Court has observed that later part of Section 195A IPC makes it very clear that false evidence means false evidence before the Court of law, a.....
Tags : Supreme Court, Threatening, False Evidence
All. HC: Telephonic Conversation Between Accused Persons Admissible Even if Obtained Illegally(01.09.2023)
Allahabad High Court has held that evidence can’t be refused to be admitted on the ground that it had been obtained illegally, and therefore telephoni.....
Tags : Allahabad High Court, Evidence, Admissibility, Telephonic Conversation
Kerala HC Stays All Proceedings Against Minister Antony Raju in Evidence Tampering Case(03.08.2022)
Kerala High Court has stayed all the proceedings of the lower court pending against Transport Minister Antony Raju in the evidence tampering case for .....
Tags : Kerala High Court, Evidence Tampering, Minister
Kerala HC: S.113B of Evidence Act Casts Reverse Burden on Accused to Disprove Prosecution Case(04.08.2022)
Kerala High Court has held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove he pro.....
Tags : Kerala High Court, Dowry Death, Evidence, Presumption
SC: All Adverse Evidences Should Be Put As Questions While Examining Accused U/S 313 CrPC(05.08.2022)
Supreme Court has held that while examining an accused under Section 313 Code of Criminal Procedure (CrPC), all the adverse evidences has to put in th.....
Tags : Supreme Court, CrPC, Adverse Evidence
JH HC: Difficult to Get Documentary Evidence for Money Exchanged at Time of Marriage(06.10.2023)
Jharkhand High Court has held that even in the absence of documentary evidence to prove payment of money and gold, oral evidence of the parties if fou.....
Tags : Jharkhand High Court, Documentary Evidence, Matrimonial Cases
SC: Once Accused Adduced evidence, Presumption u/s 139 NI Act doesn’t come to Rescue of Complainant(10.10.2023)
Supreme Court has held that once accused adduces evidence to the satisfaction of Court that there exists no debt/liability as pleaded by the complaina.....
Tags : Supreme Court, Presumption, Evidence
Gauhati HC: Incriminating Evidence Under Section 3113 CrPC Should be Put Up in Concise Manner(15.04.2022)
Gauhati High Court has observed that under Section 313 of Code of Criminal procedure, 1973 (CrPC), the trial Court should bring to accused’s notice, i.....
Tags : Gauhati High Court, Incriminating Evidence
SC: Merits of the Evidence has to be Appreciated Only During the Trial(31.07.2023)
Supreme Court has observed that merits of the evidence have to be appreciated only during the trial, by cross examination of the witnesses and scrutin.....
Tags : Supreme Court, Evidence, Merit
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
Pat. HC: Department Must Provide Evidence in Inquiry Even if Employee Fails to Respond to Charge(26.10.2023)
Patna High Court has held that merely because the delinquent employee failed to respond to the charges, the Department is not absolved of the responsi.....
Tags : Patna High Court, Inquiry, Evidence
Pat. HC: Department Must Provide Evidence in Inquiry Even if Employee Fails to Respond to Charge(26.10.2023)
Patna High Court has held that merely because the delinquent employee failed to respond to the charges, the Department is not absolved of the responsi.....
Tags : Patna High Court, Inquiry, Evidence
Ker. HC: Admission of Confession Made to Police Can Vitiate Trial(27.10.2023)
Kerala High Court has held that admission of confessions of accused made to police under Section 25 and Section 26 of Indian Evidence Act, 1872 can vi.....
Tags : Kerala High Court, Confession, Evidence Act, Trial
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
Madras HC: Courts Should Allow Parties to Let in Evidence in Guardianship Matters(21.06.2022)
Madras High Court while allowing appeal by a father seeking custody of his minor child, has held that while deciding the original petition to appoint .....
Tags : Madras High Court, Custody, Guardianship, Evidence
SC: Unregistered Lease Deed Can be Admitted in Evidence to Show ‘Nature and Character of Possession’(28.09.2023)
Supreme Court has held that as per Section 49 of the Registration Act, 1908, unregistered lease deed can be admitted in evidence to show the nature an.....
Tags : Supreme Court, Unregistered Lease Deed, Evidence
SC Explains Relevant Principles for Examining the Admissibility of Secondary Evidence(30.11.2023)
Supreme Court while observing that if a document that is required to be stamped is not sufficiently stamped, then the law is well settled that a copy .....
Tags : Supreme Court, Secondary Evidence, Admissibility
SC: Copy of Insufficiently Stamped Document Can’t be Adduced as Secondary Evidence(01.12.2023)
Supreme Court has held that if a document that is required to be stamped is not sufficiently stamped, then the position of law is well settled that a .....
Tags : Supreme Court, Stamp, Secondary Evidence
Ker. HC Issues Guidelines on Handling Digital Evidence Containing Sexually Explicit Materials(08.12.2023)
Kerala High Court has issued comprehensive guidelines to be followed by investigating agencies and Courts while handling sexually explicit materials a.....
Tags : Kerala High Court, Sexually Explicit Materials, Digital Evidence
ITAT: No Documentary Evidence to Substantiate PRP as Expenditure, Claim is Not Sustainable(07.09.2022)
Income Tax Appellate Tribunal, Kolkata has observed that the claim of Performance Related Pay (PRP) is not sustainable when no documentary evidence wa.....
Tags : Income Tax Appellate Tribunal, Performance Related Pay, documentary evidence
SC: Cheque Case Against Partner Can be Quashed if Evidence Exists he wasn’t Concerned with Issuance(19.09.2022)
Supreme Court has held that a High Court can quash a cheque case only if it comes across some unimpeachable and incontrovertible evidence to indicate .....
Tags : Supreme Court, Cheque, Evidence
SC: Essential to Examine the Person who Recorded Dying Declaration(08.11.2023)
Supreme Court has held that dying declaration, although undoubtedly a substantive piece of evidence upon which reliance can be placed, it can be rende.....
Tags : Supreme Court, Dying Declaration, Evidence
SC: Certificate to Prove Electronic Evidence can be Produced at Any Stage of the Trial(08.11.2023)
Supreme Court has held that a certificate under Section 65-B of Indian Evidence Act, to prove electronic evidence, can be produced at any stage of tri.....
Tags : Supreme Court, Electronic Evidence, Certificate, Trial
CESTAT: Charge of Forgery on Textile Reports Not Sustainable in Absence of Cogent Evidence(12.07.2022)
Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that the charge of forgery on textile reports is not sustainable i.....
Tags : CESTAT, Forgery, Evidence
Del HC: Evidence by Affidavit Not Required if Documentary Evidence Sufficient to Decide WellKnown TM(10.07.2023)
Delhi High Court has held that evidence by affidavit would not be mandatory, so long as there is sufficient documentary evidence to determining the we.....
Tags : Delhi High Court, Documentary Evidence, Well-Known Trade Mark
Guj HC to State: Form Committee to Identify Rape Cases Where Convictions is Based on Weak Evidence(17.07.2023)
Gujarat High Court has directed State Government to establish a committee to identify rape cases which are pending before the High Court where convict.....
Tags : Gujarat High Court, Rape, Weak Evidence, Conviction
SC: Accused Liable to Provide Explanation When Offence is Committed Within Privacy of their House(28.10.2024)
The Supreme Court has observed that failure of accused to offer explanation can be treated as an adverse circumstance against them as per Section 106 .....
Tags : Supreme Court, Indian Evidence Act, 1872, adverse circumstance
SC: Perversity in Award Due to Non-Consideration of Vital Evidence is Sufficient for Interference(12.11.2024)
SC has observed that if there is a perversity in the award insofar as non-consideration of vital evidence is concerned, the same tantamounts to violat.....
Tags : Supreme Court, Vital Evidence, Fundamental Policy
Supreme Court: Revenue Entries are Admissible as Evidence of Possession(21.11.2024)
Supreme Court has observed that, while it is true that revenue entries do not by themselves confer title, they are admissible as evidence of possessio.....
Tags : Supreme Court, Revenue Entries, Evidence of Possession
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
Karnataka HC to State DGP: Ensure Necessary Training of Officers on Handling of Electronic Evidence(08.11.2022)
Karnataka High Court has directed the Director General of the Police (DGP), the Director of Public Prosecution and HC Registrar (General) to make arra.....
Tags : Karnataka High Court, Training, Electronic Evidence
SC: Evidence of TIP Inadmissible if Suspects Were Shown to Witnesses Before Identification(14.11.2022)
Supreme Court has held that evidence of Test Identification Parade (TIP) is inadmissible if the suspects were shown to the witnesses before the identi.....
Tags : Supreme Court, Evidence, Test Identification Parade
Kerala HC: Evidence of Witness Can be Recorded in Absence of Accused(15.01.2024)
Kerala High Court has held that evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the cour.....
Tags : Kerala High Court, Witness Evidence, Absence, Accused
Ker. HC: Discrepancies in Evidence Due to Normal Errors of Observation & Memory is Not Material(16.01.2024)
Kerala High Court has held that minor discrepancies in evidence due to normal errors of observation or memory cannot be considered as material discrep.....
Tags : Kerala High Court, Evidence, Material Discrepancies
SC: Application u/s 391 CrPC Seeking to Adduce Additional Evidence Should be Heard Immediately(05.02.2020)
Supreme Court has observed that an application filed under Section 391 of the Code of Criminal Procedure (CrPC), 1973 seeking to adduce additional evi.....
Tags : Supreme Court, Additional Evidence
Bombay HC Acquits 27-Year Old Man Convicted of Raping 17-Year Old on Insufficient Evidence(04.02.2021)
Bombay High Court has acquitted a 27-year-old man convicted of raping a 17-year-old girl multiple times over two months, citing the prosecution’s fail.....
Tags : Bombay High Court, Insufficient Evidence
Delhi HC: Right To Lead Evidence May Be Closed If Party Acts In 'Recalcitrant Fashion'(20.05.2022)
Delhi High Court has held that where a party is acting in a recalcitrant fashion, and refusing to make the witness available for examination or cross-.....
Tags : Delhi High Court, Right to lead Evidence, Examination, Witnesses
ITAT: Section 40 A(2)(B) Can’t Be Invoked Without Corroborative Evidence(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Chennai bench, has held that Section 40 A(2)(b) of Income Tax Act can’t be invoked without corroborative evidenc.....
Tags : ITAT, Corroborative Evidence, Remuneration
SC: Courts Must Make Preliminary Examination of Child Witnesses Before Recording Evidence(06.07.2023)
Supreme Court has held that before recording evidence of a minor/child witness, it is the duty of a Judicial Officer to ask preliminary questions to h.....
Tags : Supreme Court, Child Witnesses, Preliminary Examination, Evidence
Allahabad HC: Extrajudicial Confession by its Nature is a Weak Piece of Evidence(29.08.2024)
Allahabad HC while acquitting an accused in a murder case, has observed that extra judicial confession by its very nature is otherwise a weak piece of.....
Tags : Allahabad High Court, Extrajudicial Confession, Evidence
Calcutta High Court: Court Cannot Re-appreciate Evidence Under Guise of Patent Illegality(09.09.2024)
Calcutta High Court has held that evidence cannot be re-appreciated by the Court under the guise of patent illegality as per the proviso to Section 34.....
Tags : Calcutta High Court, Evidence, S. 34(2-A) of A&C Act
Gauhati High Court Upholds POCSO Conviction Even in Absence of Medical Evidence(26.09.2024)
Gau. HC has upheld the conviction of an accused under POCSO Act, 2012 on the ground that the testimony of the victim girl before the Trial Court, whic.....
Tags : Gauhati High Court, Medical Evidence, POCSO
SC: Section 313 CrPC Not Empty Formality(15.12.2022)
Supreme Court observed that while questioning an accused under Section 313 CrPC, he must be explained the circumstances appearing in the evidence agai.....
Tags : Supreme Court, Section 313 CrPC, Evidence
SC: Testimony of Hostile Witness Can be Considered to Convict Accused(16.12.2022)
Supreme Court Constitution bench while observing that witness turning hostile does not result in automatic rejection of evidence has held that there i.....
Tags : Supreme Court, Constitution bench, Hostile Witness, Reliable Evidence
SC: Non-Examination of Ballistic Expert Not Fatal to Prosecution’s Case if Direct Evidence Credible(22.02.2024)
Supreme Court has held that if the direct evidence produced by prosecution is credible then omission to obtain ballistic report and non-examination of.....
Tags : Supreme Court, Direct Evidence, Ballistic Expert, Ballistic Report
SC: Circumstantial Evidence Has to Be Supported With Other Evidence in Order to Make it Strong(22.02.2024)
Supreme Court has observed that for proving a case on the basis of circumstantial evidence it must be established that the chain of circumstances is c.....
Tags : Supreme Court, Circumstantial Evidence
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
SC: Ocular Evidence Can’t be Discredited Merely Because of Mismatch With Doctor’s Evidence(06.02.2024)
Supreme Court while upholding the conviction in a murder case has observed that the ocular evidence given by the eye witness cannot be discredited mer.....
Tags : Supreme Court, Ocular Evidence, Doctor’s Evidence
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
Madhya Pradesh HC: Mere Statements Cannot be Considered as Incriminating Material(24.02.2020)
Madhya Pradesh High Court has held that the unexplained investments were made by the Assessing Officer merely based on the statements given during the.....
Tags : Madhya Pradesh High Court, Incriminating Material or Documentary Evidence
Supreme Court: Parties Cannot Lead Evidence Beyond Pleadings(06.03.2024)
Supreme Court has held that there is no quarrel with the proposition of law that no evidence could be led beyond pleadings.
Tags : Supreme Court, Evidence, Pleadings
Kar. HC: Can’t Accept Photostat Copy of Unregistered Sale Agreement as Secondary Evidence(19.03.2024)
Karnataka High Court has held that for a trial being held under Section 138 of the Negotiable Instruments Act, a photocopy of an unregistered sale agr.....
Tags : Karnataka High Court, Section 138 of NI Act, Unregistered Sale Agreement, Secondary Evidence
Ker. HC: Absence of TI Parade Doesn’t Vitiate Identification of Accused in Court(03.03.2023)
Kerala High Court has held that if ocular evidence and identification of accused by witnesses in court are impressive, nothing restricts court from re.....
Tags : Kerala High Court, Test Identification Parade, Evidence, Witness
SC: Prima Facie Case Made Out from Allegations in Complaint Sufficient to Summon Accused(29.04.2024)
Supreme Court while reversing the finding of the High Court, has observed that prima facie making out a case on the basis of the allegations in the co.....
Tags : Supreme Court, Pre-summoning Evidence, Summon
Delhi HC Issues Notice in Plea Seeking Direction to Family Courts to Record Evidence(29.05.2020)
Delhi High Court has issued notice to Delhi Government, Headquarters of Family Courts, and the Delhi High Court in a plea seeking a direction to be is.....
Tags : Delhi High Court, Recording of Evidence in Videoconferencing
SC: Can’t Presume Will to be Genuine Merely Because It’s More Than 30 Years Old(16.03.2023)
Supreme Court while observing that wills can’t be proved only on basis of their age, has held that presumption under Section 90 as to the regularity o.....
Tags : Supreme Court, Wills, Evidence Act, Presumption
Pat HC: Evidence of Witness Doesn’t Become Inadmissible Merely Because it Couldn’t be Cross Examined(09.02.2023)
Patna High Court while observing that evidence untested by cross-examination can have no value but the evidence cannot be rejected as inadmissible, ha.....
Tags : Patna High Court, Cross Examination, Evidence
Supreme Court: Motive Isn’t of Significance if Direct Evidence Proving Guilt of Accused Available(09.04.2024)
Supreme Court has held that if there is direct evidence available against an accused that inspires the confidence of the court then the motive with wh.....
Tags : Supreme Court, Direct Evidence, Motive
Supreme Court: Actual Statement Made by Person in the Court is Evidence Before Court(16.04.2024)
Supreme Court has observed that a statement made by a person in the Court itself is to be considered as evidence before the Court and not the statemen.....
Tags : Supreme Court, Section 50 of PMLA, Evidence
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
SC: Secondary Evidence Can be Permitted to be Produced Where Party Establishes Factual Foundation(14.05.2020)
Supreme Court has observed that a Court can permit a party to produce secondary evidence if he establishes a factual foundation for producing the same.....
Tags : Supreme Court, Secondary Evidence
SC: Judgment Allowing Circumstantial Evidence Doesn’t Dilute Need of Proof Beyond Reasonable Doubt(21.03.2023)
Supreme Court has observed that the Constitution Bench judgment that direct evidence of demand or acceptance of bribe is not necessary for a convictio.....
Tags : Supreme Court, Prevention of Corruption Act, Circumstantial Evidence, Reasonable Doubt
SC: To Summon Person u/s 319 CrPC as Additional Accused, Stronger Evidence is Needed(06.05.2024)
SC has observed that degree of satisfaction required to exercise power under Section 319 Code of Criminal Procedure, 1973 is well settled. Evidence be.....
Tags : Supreme Court, Additional Accused, Stronger Evidence
Kerala HC: Police is Not Competent to Register an Offence under Section 195A IPC(10.04.2023)
Kerala High Court while observing that when threat dealt in Section 195 of IPC is giving false evidence that is a matter to be considered by the court.....
Tags : Kerala High Court, Section 195A IPC, False Evidence
Delhi HC: Elaborate Investigation at Stage of Framing Charges Discouraged(05.04.2022)
Delhi High Court has held that an investigation into the offence and elaborate appreciation of evidence is not important and is rather not encouraged .....
Tags : Delhi High Court, appreciation of evidence, framing of charges, prima facie
Allahabad HC: Weapon's Discovery on Disclosure Statement of Accused Not Enough to Prove Guilt(11.04.2022)
Allahabad High Court has held the discovery of the material object/crime weapon at the disclosure of the accused is important under Section 27 of the .....
Tags : Allahabad High Court, Section 27 of the Indian Evidence Act, 1872, discovery, weapon
Raj. HC: Forcing a Person to Trial Without Prima Facie Evidence is Infringement of Fundamental Right(19.05.2023)
Rajasthan High Court while observing that framing of charges by trial Court is an important exercise of power, has held that forcing a person to go th.....
Tags : Rajasthan High Court, Prima Facie Evidence, Fundamental Right, Trial
Pat. HC: Secondary Evidence Determining Victim’s Age to Stand Proven if No Challenge Made by Accused(01.07.2024)
Patna High Court has observed that secondary evidence produced by the prosecution to determine the victim’s age under the POCSO Act, 2012 shall stand .....
Tags : Patna High Court, Secondary Evidence, Victim’s Age
SC: Can’t Exercise Judicial Review to Re-Appreciate Evidence in Departmental Enquiry(05.06.2023)
Supreme Court while observing that Constitutional Court while exercising judicial review can’t decide case as if it is the first stage of the case, ha.....
Tags : Supreme Court, Judicial Review, Evidence, Departmental Enquiry
SC: If Sufficient Evidence of Involvement Exists, Person Not Named in FIR can be Added as Accused(08.06.2023)
Supreme Court has held that if evidence on record shows the involvement of a person in the commission of a crime, the said person can be arraigned as .....
Tags : Supreme Court, Evidence, Accused, FIR
Cal. HC: Arbitrator Relying on Unverified Evidence is Contrary to Fundamental Policy of Indian Law(24.07.2024)
Calcutta High Court has observed that evidence which is not verified cannot be equated with proof of a claim and if the arbitrator relies on such evid.....
Tags : Calcutta High Court, Unverified Evidence, Indian Law
All. HC: To Prove Cruelty Meted Out To Mother, Unrebutted Evidence of Minor Daughter Sufficient(25.07.2024)
All. HC has held that once the minor child of the parties had specifically deposed that the father had tried to throttle her mother on many occasions,.....
Tags : Allahabad High Court, Unrebutted Evidence, Cruelty
MP HC: Party Required to Lay Factual Foundation for Getting Benefit of Section 65 of Evidence Act(26.07.2024)
Madhya Pradesh High Court has observed that it is well settled principle of law that when a photocopy of the document is produced, then in order to ge.....
Tags : Madhya Pradesh High Court, Factual Foundation, S. 65 of IEA, Secondary Evidence