Supreme Court of India Judgements

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Category: Evidence Act

Evidence Act I P C

Criminal Jurisprudence–If a person is charged under a grave Section, but however, if acquitted under the said grave section by the Trial Court, then it would amount to travesty of Justice if in his own appeal he is convicted under that grave section, without there being any appeal from the State and without there being prior notice of enhancement issued by the appellate Court.  

Jul 7, 2020 sclaw

Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 62 of 2009 (Arising out of S.L.P. (Crl.) No. 2872 of 2008) Jarnail…

Evidence Act

Confession–Recovery of foreign exchange–Confession by accused later retracted–Burden to prove that confession was voluntary would be on Department. Burden of proof–Parliament did not make any provision placing the burden of proof on the accused/proceedee—The Act does not provide for a ‘reverse burden’–No presumption of commission of an offence is raised under the Act.

Jul 6, 2020 sclaw

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7407 Of 2008 Vinod Solanki v. Union of India {Decided on 18/11/2008} Important Point…

Evidence Act

Extra judicial confession–Confession before PW3 after a week of occurrence–PW3 is the former President of the Village Panchayat–He had not chosen to reduce into writing the extra judicial confession of the accused or produce him at the police station–Confession not reliable.

Jul 5, 2020 sclaw

Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 177 of 2003 Inspector Of Police, T.N. v. Palanisamy @ Selvan {Decided…

Evidence Act

Application Not Necessary For Producing Secondary Evidence : SC HELD foundation of leading of secondary evidence, either in the plaint or in evidence, the secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed.”

Mar 27, 2020 sclaw

Application Not Necessary For Producing Secondary Evidence : SC [Read Judgment] LIVELAW NEWS NETWORK 27 March 2020 3:38 PM In a judgment delivered on March 19, the Supreme Court has…

Evidence Act

Penal Code, 1860 (IPC) – Sections 420, 467 and 468 – Evidence Act, 1872 – Section 45 – Forged signature – Indira Vikas Patra – Hand-writing expert – It is fairly well settled that before acting upon the opinion of the hand-writing expert, prudence requires that the court must see that such evidence is corroborated by other evidence either direct or circumstantial evidence

Jan 14, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PADUM KUMAR — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. ) Criminal Appeal No.…

Evidence Act

Penal Code, 1860 (IPC) – Sections 109, 120B, 394, 395, 396 and 449 – Evidence Act, 1872 – Section 9 – Criminal Procedure Code, 1973 (CrPC) – Section 162 – Test Identification Parade – It is trite to say that the substantive evidence is the evidence of identification in court. The facts, which establish the identity of the accused persons, are relevant under Section 9 of the Evidence Act.

Dec 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJA — Appellant Vs. STATE BY THE INSPECTOR OF POLICE — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ. ) Criminal…

Evidence Act

Contents Of Memory Card Will Be ‘Document’ And Not ‘Material Object’ HELD “we hold that the contents of the memory card/pen drive being electronic record must be regarded as a document. If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an effective defence during the trial.

Nov 29, 2019 sclaw

Contents Of Memory Card Will Be ‘Document’ And Not ‘Material Object’ : SC [Read Judgment] The contents of a memory card in relation to a crime amount to a ‘document’…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw