Evidence Act Archives - Page 8 of 10 - Supreme Court of India Judgements

April 19, 2024 2:41 pm

Determination of Age—Ossification test cannot be regarded as conclusive when it comes to ascertaining the age of a person.

Jun 4, 2017 sclaw

2016(5) Law Herald (P&H) 3835 (SC) : 2016 LawHerald.Org 2222 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mrs. Justice R. Banumathi Criminal…

Evidence Act

Evidence Act, 1872 – Section 3 – Witness – Solitary eye-witness – Non-mentioning of name in FIR – Incident of murder of two brothers seen by wife of one of the deceased – Her testimony appearing to be reliable, natural and not shaken in cross-examination

May 31, 2017 sclaw

AIR 2002 SC 312 : (2002) CriLJ 587 : (2002) 1 Crimes 205 : (2001) 2 JT 347 Supp : (2001) 8 SCALE 372 : (2001) 10 SCC 94…

Evidence Act

Evidence Act, 1872 – Section 27 – Applicability of provision – Recovery based on information already known – Since the dead body was recovered on the basis of information already known, Section 27 of the Evidence Act has no application.

May 31, 2017 sclaw

AIR 2003 SC 4377 : (2003) CriLJ 5054 : (2003) 2 JT 393 Supp : (2003) 8 SCALE 221 : (2003) 11 SCC 261 : (2003) 4 SCR 165…

Evidence Act

Evidence Act, 1872 – Section 9 – Accused persons known to witnesses – When the persons are known, identification is possible from the manner of speech, manner of walking and gesticulating and special features of a person like the physical attributes.

May 13, 2017 sclaw

AIR 2003 SC 3408 : (2003) CriLJ 4982 : (2003) 8 SCALE 48 : (2003) 11 SCC 280 : (2003) 3 SCR 1079 Supp : (2003) AIRSCW 4841 :…

Evidence Act

Witness – Interested witness – Natural presence – Incident of stabbing taking place at night inside the house of deceased in the presence of son and wife whose presence was natural at the scene of occurrence

May 10, 2017 sclaw

AIR 1998 SC 1492 : (1998) CriLJ 846 : (1997) 9 JT 405 : (1997) 7 SCALE 309 SUPREME COURT OF INDIA ELKUR JAMEESU — Appellant Vs. STATE OF…

Evidence Act

Evidence Act, 1872 — Section 24 — Extra — judicial confession — Accused confessing to his uncle and other villagers that he had quarrelled with deceased and gave lathis blow on head of deceased and locked him in a room.

May 9, 2017 sclaw

AIR 1995 SC 1943 : (1995) CriLJ 3225 SUPREME COURT OF INDIA BALU RAM — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : G. N. Ray, J;…

Evidence Act

Circumstantial Evidence—The conditions precedent, before conviction could be based on circumstantial evidence, must be fully established.

Apr 28, 2017 sclaw

2007(3) LAW HERALD (SC) 2458 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. JusticeLokeshwar Singh Panta Criminal Appeal No. 1003 of…

Evidence Act

Evidence Act, 1872 — Section 45 — Examination of expert of typewriting and identification of the typewriter — Scientific study of certain significant features of the typewriter peculiar to a particular typewriter and its individuality can be studied by an expert having professional skill in the subject and, therefore, the opinion of the typewriter expert is admissible under Section 45 of the Act.

Apr 24, 2017 sclaw

AIR 1996 SC 1491 : (1996) 2 JT 186 : (1996) 2 SCALE 37 : (1996) 2 SCC 428 SUPREME COURT OF INDIA STATE THROUGH CBI — Appellant Vs.…

Evidence Act

Evidence Act, 1872 – Section 27 – Disclosure statement – Admissibility – Extent and requirement. The object of the provision, i.e., Section 27 was to provide for the admission of the evidence which but for the existence of the Section could not in consequences of the preceding Sections 25 to 26, be admitted in evidence

Apr 23, 2017 sclaw

AIR 2002 SC 3272 : (2002) CriLJ 4127 : (2002) 7 JT 283 : (2002) 6 SCALE 500 : (2002) 7 SCC 728 : (2002) 2 SCR 419 Supp…

C P C Evidence Act

Amendment to plaint—Allowed at belated stage—Since it would enable the Court to pin-pointedly consider the real dispute between the parties.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2226 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2920 of…

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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

Category: Evidence Act

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