Dying Declaration—Recorded by Head constable and not by a Magistrate—Admissible. Dying Declaration—Not in question and answer form but in narrative—Admissible. Recording of Statement—Murder—Non recording of statement of witnesses under Section 161, Cr.P.C.—Testimony of witnesses —Admissible.
2007(2) LAW HERALD (SC) 1460 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Criminal Appeal No. 244 of…
Identification of Accused–Holding of test identification parade after ten days of publication of photographs of accused in newspaper loses all its significance.
2007(2) LAW HERALD (SC) 1455 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 636 of 2007…
Adverse Possession— Once the plaintiff proves his title, the burden shifts to the defendant to establish that he has perfected his title by adverse possession.
2007(2) LAW HERALD (SC) 1452 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 6195 of 2000…
Adverse possession—A person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to denial of his title to the property claimed.
2007(2) LAW HERALD (SC) 1446 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 5846 of…
Second Appeal—Ordinarily unless there exists a sufficient and cogent reasons, the findings of fact arrived at by the Courts below are binding on the High Court.
2007(2) LAW HERALD (SC) 1442 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4409…
Acquisition of Land—Determination of value of land—Standing Tree—Court has no power to value the trees separately and award both the value of the land and also the value for trees.
2007(2) LAW HERALD (SC) 1428 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 6497-6500…
Circumstantial Evidence–Last Seen Together–There can be no fixed or straight jacket formula for the duration of time gap in this regard and it would depend upon the evidence led by the prosecution to remove the possibility of any other person meeting the deceased in the intervening period. Murder—Acquittal—Circumstantial Evidence—There was gap of 8½ hours when deceased was seen alive with accused—It is considerable gap between the time of crime
2007(2) LAW HERALD (SC) 1409 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 873 of…
Kidnapping for ransom–Any of the three ingredients can take place at one place or at different places. Place of inquiry or trial—Offence committed partly in one local area and partly in another—Trial could be conducted in any of the local jurisdiction where offence was committed.
2007(2) LAW HERALD (SC) 1403 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 4516…
Amendment of pleadings—Delay of—First of all there had to be bonafides on the part of the plaintiff and reasonable explanation for the delay.
2007(2) LAW HERALD (SC) 1399 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 1700 of…
Quashment—Inherent Powers—FIR and the consequent investigation cannot be quashed unless there is no offence spelt out from the same.
2007(2) LAW HERALD (SC) 1396 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.K. Balasubramaniyan The Hon’ble Mr. Justice V.S.Sirpurkar Criminal Appeal No. 274 of 2007 (Arising…