Supreme Court of India Judgements

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Category: Dying Declaration

Dying Declaration

Dying Declaration—A valid dying declaration maybe made without obtaining a certificate fitness of the declaration by medical officer. Abetment of Suicide—Eve teasing—Active acts of the accused have led the deceased to put an end to her life as accused has played active role in tarnishing the self-esteem and self respect of the victim—Accused convicted.

Aug 8, 2017 sclaw

2017(2) Law Herald (SC) 1303 : 2017 LawHerald.Org 891 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice A.M. Khanwilkar The Hon’ble…

Dying Declaration

Dying Declaration–If after careful scrutiny the Court is satisfied that it is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there shall be no legal impediment to make it basis of conviction, even if there is no corroboration.

Aug 3, 2017 sclaw

  2007(5) LAW HERALD (SC) 3514 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1166…

Acquittal Dying Declaration

Evidence Act, 1872 — Section 32 — Two dying Declarations, one oral and one written, with several discrepancies cannot convict the accused — Oral dying declaration allegedly made by deceased before her father, uncle and grand — mother, in which names of accused mentioned. However second dying declaration recorded by Magistrate five days later stated that the victim could not recognize any accused because of fire

May 14, 2017 sclaw

AIR 1999 SC 3062 : (1999) CriLJ 4070 : (1999) 2 DMC 439 : (1999) 6 JT 41 : (1999) 5 SCALE 31 : (2000) 1 SCC 310 : (1999)…

Dying Declaration

Indian Penal Code, 1860 – Section 304B – Dowry death – Dying declaration – Deceased was fed up with activities of her husband and she poured kerosene oil on herself and burnt herself – Dying declaration of deceased as well as evidence of PW are sufficient to establish that appellant used to fight on petty issues and give beatings deceased

May 13, 2017 sclaw

  (2013) 11 AD 453 : AIR 2014 SC 227 : (2013) 14 JT 357 : (2013) 4 RCR(Criminal) 964 : (2013) 13 SCALE 410 SUPREME COURT OF INDIA DIVISION…

Dying Declaration Evidence Act

Dying Declaration—Recorded by Head constable and not by a Magistrate—Admissible. Dying Declaration—Not in question and answer form but in narrative—Admissible. Recording of Statement—Murder—Non recording of statement of witnesses under Section 161, Cr.P.C.—Testimony of witnesses —Admissible.

Apr 12, 2017 sclaw

  2007(2) LAW HERALD (SC) 1460 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Criminal Appeal No. 244 of…

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Arbitration

Arbitration and Conciliation Act, 1996 — Section 29A(4) — Application for extension of time to make arbitral award — Where an arbitral tribunal is constituted by the High Court under Section 11(6), any application for extension of time under Section 29A(4) would lie with the High Court. Where an arbitral tribunal is constituted by the parties themselves under Section 11(2), the application under Section 29A(4) would lie before the Principal Civil Court of original jurisdiction in a district, which also includes the High Court in its ordinary original jurisdiction.

Feb 1, 2026 sclaw
Advocates Act Corporate

Advocates Act, 1961 — Section 38 — Appeal against Bar Council of India judgment — Professional misconduct — Failure to act with reasonable diligence and absence from Court hearing leading to dismissal of quashing petition — High Court ordered quashing of FIR subject to deposit of costs — Costs not deposited in time, FIR quashing order recalled and petition dismissed — Application to recall dismissal order allowed, quashing restored subject to enhanced costs — Compromise reached between advocate and complainant, misunderstanding about costs resolved — High Court waived enhanced costs — FIR quashed — Complainant filed affidavit withdrawing complaint due to misunderstanding about costs and expressing satisfaction with advocate’s services — Disciplinary Committee of Bar Council of India held advocate guilty of professional misconduct despite withdrawal affidavit — Supreme Court held that disciplinary committee ignored vital aspect of withdrawal affidavit and satisfaction of complainant — Substratum of complaint ceased to exist once dispute was resolved and withdrawn — Finding of professional misconduct unsustainable.

Feb 1, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 114A, Rules 17, 27, 28 of West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 — Competency of Gram Panchayat to grant building permission — Not competent if area governed by Act of 1979 and development plan exists — Panchayat Samiti is the competent authority.

Feb 1, 2026 sclaw
Service

University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 — Clause 3(c) defining “Caste-based Discrimination” — Incorporation argued as restrictive and exclusionary — Claim that it renders individuals from non-reserved/general classes remediless against caste-based discrimination or institutional bias — Allegation that regulations proceed on unfounded presumption that caste-based discrimination only affects reserved categories.

Feb 1, 2026 sclaw