Evidence Act Archives - Page 2 of 10 - Supreme Court of India Judgements

March 31, 2025 7:21 pm

Evidence Act, 1872 – Ss 101 and 106 – Burden of proof – Burden of proof is always with the prosecution – – Section 106 of the Act is an exception to the rule which is Section 101 of the Act, and it comes into play only in a limited sense where the evidence is of a nature which is especially within the knowledge of that person and then the burden of proving that fact shifts upon him that person.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DINESH KUMAR — Appellant Vs. THE STATE OF HARYANA — Respondent ( Before : Sudhanshu Dhulia and Sanjay Kumar, JJ. ) Criminal Appeal No.530…

Cr P C Evidence Act

Chargesheet is not a “public document” – Therefore on conjoint reading of Section 173 Cr.P.C. and Section 207 Cr.P.C. the Investigating Agency is required to furnish the copies of the report along with the relevant documents to be relied upon by the prosecution to the accused and to none others. FIR on the website cannot be equated with putting the chargesheets

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAURAV DAS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Writ Petition…

Evidence Act

Evidence Act, 1872 – Ss 101 & 102 – Suit for Possession – Declaration of Title – A person in possession of land in the assumed character as the owner, and exercising peaceably the ordinary rights of ownership, has a legal right against the entire world except the rightful owner – the burden of proof lies on the plaintiff and can be discharged only when he is able to prove title – Weakness of the defence cannot be a justification to decree the suit.

Jan 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMRITI DEBBARMA (DEAD) THROUGH LEGAL REPRESENTATIVE — Appellant Vs. PRABHA RANJAN DEBBARMA AND OTHERS — Respondent ( Before : Sanjiv Khanna and J.K. Maheshwari,…

Cr P C Evidence Act I P C

Extra Judicial Confession Of A Co-Acccused Cannot Be Relied On As Substantive Evidence ; It’s Only A Corroborative Piece Of Evidence

Oct 30, 2022 sclaw

Extra Judicial Confession Of A Co-Acccused Cannot Be Relied On As Substantive Evidence ; It’s Only A Corroborative Piece Of Evidence To come to the ratio, we find that the…

Evidence Act

Law of Evidence Evidence – Non-recovery of weapon – When there is ample ocular evidence corroborated by medical evidence, mere non-recovery of weapon from the appellant would not materially affect the case of the prosecution.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MEKALA SIVAIAH — Appellant Vs. THE STATE OF ANDHRA PRADESH — Respondent ( Before : Dinesh Maheshwari and Krishna Murari, JJ. ) Criminal Appeal…

Evidence Act

Evidence Act, 1872 – Sections 8 and 27 – Discovery of weapon – Disclosure statement – Evidence of discovery would be admissible as conduct under Section 8 of the Act quite apart from the admissibility of the disclosure statement under Section 27.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SHAHAJA @ SHAHAJAN ISMAIL MOHD. SHAIKH — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. )…

Evidence Act

Evidence Act, 1872 – Section 106 – Burden of proof – in a case based on circumstantial evidence, whenever an incriminating question is posed to the accused and he or she either evades response, or offers a response which is not true, then such a response in itself becomes an additional link in the chain of events.

Jul 3, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SABITRI SAMANTARAY — Appellant Vs. STATE OF ODISHA — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and Hima Kohli, JJ. ) Criminal…

Evidence Act

Evidence – Burden of Proof to establish plea of alibi – Plea of alibi in fact is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the place of occurrence and in the house which was the home of their relatives.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAPPU TIWARY — Appellant Vs. STATE OF JHARKHAND — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. ) Criminal Appeal No.…

Evidence Act

Evidence Act, 1872 – Sections 45 and 47 and 67 – Proof of signature and handwriting of person alleged to have signed or written document produced – Under Section 67, if a document is alleged to be signed by any person, the signature of the said person must be proved to be in his handwriting, and for proving such a handwriting under Sections 45 and 47 of the Act the opinions of experts and of persons acquainted with the handwriting of the person concerned are made relevant.

Dec 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURTHY AND OTHERS — Appellant Vs. C. SARADAMBAL AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.V. Nagarathna, JJ. ) Civil…

Evidence Act

Defendants have denied that the plaintiff is their brother or the son of their parents – High Court directed the plaintiff to undergo the DNA test — Respondent cannot compel the plaintiff to adduce further evidence in support of the defendants’ case – In any case, it is the burden on a litigating party to prove his case adducing evidence in support of his plea and the court should not compel the party to prove his case in the manner, suggested by the contesting party

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHOK KUMAR — Appellant Vs. RAJ GUPTA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil Appeal…

You missed

Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw

I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw

Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw

Category: Evidence Act

You missed