Category: Evidence Act

Criminal Law — Circumstantial Evidence — Admitted Facts — Cause of death by gunshot from a specific weapon in appellant’s home undisputed — Appellant admitted removing the body and cleaning the scene — Discovery of articles linked to the incident from appellant’s disclosure relevant for Section 201 IPC.

2025 INSC 800 SUPREME COURT OF INDIA DIVISION BENCH VAIBHAV Vs. THE STATE OF MAHARASHTRA ( Before : B.V. Nagarathna and Satish Chandra Sharma, JJ. ) Criminal Appeal No. 1643…

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

2025 INSC 466 SUPREME COURT OF INDIA DIVISION BENCH ANNAYA KOCHA SHETTY (DEAD) THROUGH LRS Vs. LAXMIBAI NARAYAN SATOSE SINCE DECEASED THROUGH LRS AND OTHERS ( Before : Pankaj Mithal…

Evidence Act, 1872 – Sections 32(3) and 32(5) – Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is Relevant -The Court found inconsistencies in the respondents’ arguments and relied on evidence indicating a joint family business – The Court applied the principle of preponderance of probability and the Indian Evidence Act to assess the joint nature of the business – The Supreme Court concluded that the properties were joint family assets and should be partitioned accordingly. Cases Referred

2024 INSC 283 SUPREME COURT OF INDIA DIVISION BENCH VITTHALRAO MAROTIRAO NAVKHARE — Appellant Vs. NANIBAI (DEAD), THROUGH LRS, AND OTHERS — Respondent ( Before : Aniruddha Bose and Sanjay…

Evidence Act – Sections 40-43 – Once information is given by an accused, the same information cannot be used, even if voluntarily made by a co-accused who is in custody. Section 27 of the Evidence Act does apply to joint disclosures, but this is not one such case.[14] This was precisely the reason given by the trial court to acquit the co-accused. Even if Section 8 of the Evidence Act is to apply, it would not have been possible to convict the co-accused.

SUPREME COURT OF INDIA DIVISION BENCH PERUMAL RAJA @ PERUMAL — Appellant Vs. STATE, REP. BY INSPECTOR OF POLICE — Respondent ( Before : Sanjiv Khanna and S. V. N.…

Stamp Act 1899 – Section 35 – Evidence Act, 1872 – Section 65 – Unstamped document – Secondary evidence – If a document that is required to be stamped is not sufficiently stamped, then the position of law is well settled that a copy of such document as secondary evidence cannot be adduced

SUPREME COURT OF INDIA DIVISION BENCH VIJAY — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil Appeal…

Criminal Procedure Code, 1973 (CrPC) – Section 311 – Evidence Act, 1972 – Section 65B – Re-summon of material witness and permission to produce the report and certificate under Section 65B of the Act – 2008 Bangalore Bomb Blasts Case – Delay of six years in producing the certificate – Certificate under 65-B of the Act can be produced at any stage if the trial is not over

SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA — Appellant Vs. T. NASEER @ NASIR @ THANDIANTAVIDA NASEER @ UMARHAZI @ HAZI AND OTHERS — Respondent ( Before :…

Certified copy of sale deed – Admissibility – Certified copy given under Section 57 of the Registration Act shall be admissible for the purpose of proving the contents of its original document – Certified copy issued thereunder is not a copy of the original document, but is a copy of the registration entry which is itself a copy of the original and is a public document under Section 74(2) of the Evidence Act and Sub-section (5) thereof, makes it admissible in evidence for proving the contents of its original.

SUPREME COURT OF INDIA DIVISION BENCH APPAIYA — Appellant Vs. ANDIMUTHU@ THANGAPANDI AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil Appeal No. 14630…