Supreme Court of India Judgements

46830 Judgements hosted as on 05/08/2025 - Search (FREE), Subscribe, Read & Download

Category: Evidence Act

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 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…

Evidence Act

Evidence Act S 92 – Exclusion of evidence or oral agreement – The feigned ignorance about the nature of document cannot be said to be an instance of fraud. In the absence of any plea or proof of fraud, respondent is bound by the written document on which he admitted his signatures and of his wife. There is no oral evidence which could prove fraud, intimidation, illegality or failure of consideration to permit the respondents to lead oral evidence to dispute the sale deed

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PLACIDO FRANCISCO PINTO (D) BY LRS AND ANOTHER — Appellant Vs. JOSE FRANCISCO PINTO AND ANOTHER — Respondent ( Before : Hemant Gupta and…

Evidence Act

Evidence Act, 1872 – Section 106 – Burden of proving fact especially within knowledge – HELD if the chain of circumstances which is required to be established by the prosecution is not established, the failure of the accused to discharge the burden under Section 106 of the Evidence Act is not relevant at all. When the chain is not complete, falsity of the defence is no ground to convict the accused.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAGENDRA SAH — Appellant Vs. THE STATE OF BIHAR — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Criminal Appeal…

Evidence Act

HELD Therefore, in the absence of any evidence to show that such records were not maintained properly, the official record containing entries of ownership and possession would carry the presumption of correctness – In view of the transfer of land on 10.10.1956 followed by delivery of possession on 19.3.1958 and continuous assertion of possession thereof, it leads to the unequivocal finding that appellants are owners and in possession of the suit land.

Sep 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. S. NARASIMHULU NAIDU (DEAD) THROUGH LRS. AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul…

Evidence Act

Evidence Act, 1872 – Sections 90 and 114(e) – Relief of permanent injunction – Presumption Admissibility in evidence of thirty years old documents – Two reports of the Pleader Commissioner also confirmed the possessory title of the appellants along with property tax registers and municipal tax receipts – Appellants had more than sufficiently established their lawful possession of the suit property – Appeal allowed.

Dec 17, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH IQBAL BASITH AND OTHERS — Appellant Vs. N. SUBBALAKSHMI AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and Krishna Murari, JJ.…

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Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw
Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw
I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw
C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

Aug 9, 2025 sclaw