Evidence Act Archives - Page 2 of 11 - Supreme Court of India Judgements

May 8, 2025 10:01 pm

Legitimacy of Child–Presumption of–DNA Test–Wife living in Adultery–Not a ground in itself to uproot the presumption of legitimacy of child

Jun 23, 2023 sclaw

Supreme Court of India Aparna Ajinkya Firodia vs Ajinkya Arun Firodia on 20 February, 2023 Author: V. Ramasubramanian Bench: V. Ramasubramanian, B.V. Nagarathna REPORTABLE IN THE SUPREME COURT OF INDIA…

Evidence Act Property Matters Registration Act

Transfer of Property Act, 1882 – Section 54 – Registration Act, 1908 – Section 17 – Evidence Act, 1872 – Section 67 – Transfer of ownership – Where a deed of sale had been duly executed and registered, its delivery and payment of consideration have been endorsed thereon it would amount to a full transfer of ownership so as to entitle its purchaser to maintain a suit for possession of the property sold

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DAMODHAR NARAYAN SAWALE (D) THROUGH LRS. — Appellant Vs. SHRI TEJRAO BAJIRAO MHASKE AND OTHERS — Respondent ( Before : M.R. Shah and C.T.…

Acquittal Evidence Act

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.…

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Service

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

May 6, 2025 sclaw

I B C

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

May 6, 2025 sclaw

Cr P C

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

May 5, 2025 sclaw

Cr P C

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

May 5, 2025 sclaw

Category: Evidence Act

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