Category: Evidence Act

Admitted facts—Need not be proved—The Court was entitled to draw an inference that the same had been admitted. Partition—Family settlement—Not given its full effect—Finding that by purported settlement deed, joint family property had not been partitioned by meets and bounds—Finding held to be proper.

2007(2) LAW HERALD (SC) 1651 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 7061 of…

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.

  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…

Disclosure Statement—The Court must ensure the credibility of evidence by police because this provision is vulnerable to abuse. Disclosure Statement—Cannot be discarded only on the ground that it was made to a police officer during investigation. Circumstantial Evidence—Inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused

  2007(2) LAW HERALD (SC)  968 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 311…

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