Supreme Court of India Judgements

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Category: Evidence Act

Evidence Act

Evidence Law–May presume and shall presume–Difference between–In the former case the Court has an option to raise the presumption or not, but in the latter case, the Court must necessarily raise the presumption–If in a case the Court has an option to raise the presumption and raises the presumption, the distinction between the two categories of presumptions ceases and the fact is presumed, unless and until it is disproved–Evidence Act, 1872, Section 4.     

Feb 17, 2019 sclaw

2009(1) LAW HERALD (SC) 428 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2045 of 2008…

Evidence Act

Evidence Law–Confession–Extra Judicial Confession–Conviction made on basis of extra judicial confession–Held; While dealing with a stand of extra judicial confession, Court has to satisfy itself that the same was voluntary and without any coercion and undue influence–Extra judicial confession can form the basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused

Feb 9, 2019 sclaw

2009(1) LAW HERALD (SC) 396 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. of 2009…

Evidence Act

Evidence Law–Extra Judicial confession–Circumstantial evidence–An extra judicial confession is, on the face of it, a weak piece of evidence and the Courts are reluctant in the absence of a chain of cogent circumstances to rely on this evidence for the purpose of recording a conviction–Evidence Act, 1872, Section 3 and 24.

Dec 26, 2018 sclaw

2009(1) LAW HERALD (SC) 11 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 377 of…

Evidence Act

Evidence Act, 1872-Extra Judicial Confession—Law does not require that the evidence of an extra-judicial confession should in all cases be corroborated—The rule of prudence does not require that each and every circumstance mentioned in the confession must be separately and independently corroborated.

Dec 20, 2018 sclaw

2018(4) Law Herald (SC) 2916 : 2018 LawHerald.Org 1758 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Barmmathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. 576…

Evidence Act

Evidence Act, 1872, S. 35–Juvenile Justice (Care & Protection of Children) Act, 2000, S. 68–Juvenile Justice (Care & Protection of Children) Rules 2001, R. 22–Age of Juvenile–Determination of age–An entry in a school register may not be a public document and, thus, must be proved in accordance with law–Medical opinion rendered in this case corroborates the entry made in the Admission register of the school ,having been proved in accordance with law, no reason as to why the same should not be taken into consideration–No infirmity in the order passed by the High Court.                                                    

Dec 14, 2018 sclaw

2010(1) LAW HERALD (SC) 732 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 909 of 2009…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw