Supreme Court of India Judgements

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Category: Evidence Act

Evidence Act

Sections 33 or 35 are not concerned with any copy of the instrument and party can only be allowed to rely on the document which is an instrument within the meaning of Section 2(14). There is no scope for the inclusion of the copy of the document for the purposes of the Stamp Act. Copy of the instrument cannot be validated by impounding and this cannot be admitted as secondary evidence under the Stamp Act, 1899.

Jun 21, 2017 sclaw

2007(4) LAW HERALD (SC) 3239 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Jusitce P.P. Naolekar The Hon’ble Mr. Justice P. Sathasivam…

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.…

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Accident

Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected.

Feb 28, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

Feb 28, 2026 sclaw
I B C

Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct.

Feb 28, 2026 sclaw
I B C

Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose.

Feb 28, 2026 sclaw