Category: 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.”

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…

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

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.…

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.

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…

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.

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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