Evidence Act Archives - Page 11 of 11 - Supreme Court of India Judgements

July 21, 2025 9:45 pm

Evidence—Murder–Variation between medical evidence and ocular evidence—Oral evidence has to get primacy and medical evidence is basically opinionative. Evidence—Murder–Variation between ocular evidence and medical evidence—To discard the testimony of an eyewitness simply on the strength of such opinion expressed by the medical witness is not conducive to the administration of criminal justice.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 710 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 215…

Evidence Act

Evidence Act, 1872 — Section 114 — Adverse inference — Account books were maintained in respect of construction and repairs to the building by the appellant but no such accounts were produced.

Apr 7, 2017 sclaw

AIR 1977 SC 638 : (1977) 1 SCC 592 SUPREME COURT OF INDIA FULL BENCH RAMDAS OIL MILLS — Appellant Vs. UNION OF INDIA (MILITARY DEPTT.) — Respondent (…

Evidence Act I P C

Test Identification Parade–Prosecutrix identified him before lodging the FIR–To hold a test identification parade would be futile. Juvenile Justice–The 2000 Act would be applicable to the person who had not completed 18 years of as an 01.04.2001.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 278 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 173 of 2006…

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Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw

C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw

Pension Railways Act Service

Pension Law — Family Pension — Eligibility of ‘Substitutes’ in Railways — deceased husband of the appellant was appointed as a ‘Substitute Waterman’ and died in harness after serving for 9 years, 8 months, and 26 days — Railways denied family pension on the grounds that his service was not regularized and did not meet the 10-year qualifying period for family pension — Appellant contended that as per Indian Railway Establishment Manual Vol-I, Rule 1515 and Railway Service (Pension) Rules, 1993, especially Rule 75(2)(a), substitutes with continuous service of one year are entitled to family pension. Held, deceased had acquired temporary status and completed more than one year of continuous service, thus eligible for family pension.

Jul 20, 2025 sclaw

Will & Succession

Hindu Succession Act, 1956 — Section 2(2) — Exclusion of Scheduled Tribes — The Act does not apply to members of Scheduled Tribes unless the Central Government directs otherwise by notification.

Jul 20, 2025 sclaw

Category: Evidence Act

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