Evidence Act Archives - Page 3 of 12 - Supreme Court of India Judgements

June 12, 2026 4:25 am

Certified copy of sale deed – Admissibility – Certified copy given under Section 57 of the Registration Act shall be admissible for the purpose of proving the contents of its original document – Certified copy issued thereunder is not a copy of the original document, but is a copy of the registration entry which is itself a copy of the original and is a public document under Section 74(2) of the Evidence Act and Sub-section (5) thereof, makes it admissible in evidence for proving the contents of its original.

Oct 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH APPAIYA — Appellant Vs. ANDIMUTHU@ THANGAPANDI AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil Appeal No. 14630…

Evidence Act

Evidence Act, 1872 – Section 6 – Statement of an accused to which Section 6 is applicable cannot be treated as a confession of guilt.

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARVIND KUMAR — Appellant Vs. STATE OF NCT, DELHI — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal…

Evidence Act

Evidence Act, 1872 – Ss 4 and 18 – Testimony of a child witness – Before taking the testimony of a minor, it is the responsibility of the Judicial Officer to ask preliminary questions to ensure that the minor can comprehend and respond rationally & record the preliminary questions and answers for review by the Appellate Court to assess the Trial Court’s opinion accurately.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRADEEP — Appellant Vs. THE STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Evidence Act Matrimonial

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…

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C P C

Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.

Jun 8, 2026 sclaw

Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw

Contract Act Mining

Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.

Jun 8, 2026 sclaw

Cr P C

Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21

Jun 8, 2026 sclaw

Category: Evidence Act

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