Evidence Archives | Page 4 of 8

Does pointing towards victim’s hiding place make one a part of a “murderous” unlawful assembly? “Not brave enough” at most, holds SC

Supreme Court: In a case where an accused merely pointed to the house where the victim was hiding, thereby helping a fully

Case Briefs High Courts

Matrimonial issues are generally confined to the bedroom and the matrimonial home, away from public eye and gaze: Will strict parameters of evidence still be followed? Read Del HC’s decision

Delhi High Court: While addressing a matrimonial dispute, Division bench of Vipin Sanghi and Jasmeet Singh, JJ., held that, In cases where

Case Briefs District Court

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

City Civil & Sessions Judge, Bangalore: Krishnamurthy R. Padasalgi, LV Addl. City Civil & Sessions Judge upheld the order of the trial

Case Briefs High Courts

Del HC | Materialistic attitude of husband considering wife as cash cow: Is it a ground to dissolve marriage? Read to know

Delhi High Court: The Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., noted in a matrimonial matter that the wife was

Case Briefs Supreme Court

Explained| Same offence but separate trials – Can appellate court pass common judgment based on evidence recorded in only one trial?

Supreme Court: In the case where two different criminal appeals were being heard against two sets of accused, on account of one

Case Briefs High Courts

Pat HC | Can a person be convicted for murder solely on the evidence gathered by the police sniffer dog? Court answers

Patna High Court: Noticing discrepancies in the Trial the Division Bench of Ashwani Kumar Singh and Anil Kumar Sinha, JJ., acquitted a

Case Briefs District Court

Presumption and Rebuttal under NI Act: Read Court’s verdict discussing onus of proof and nature of defence where “payment stopped by drawer”

Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru: Vani A. Shetty, XVII Additional Judge, Court of Small Causes & ACMM, addressed a

Cases Reported SCC Archives

SCC Snippets| Five golden principles governing cases based only on circumstantial evidence

In Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116, the bench of S. Murtaza Fazal Ali, A. Varadarajan and Sabyasachi

Case Briefs High Courts

[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence

Karnataka High Court: A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the

Case Briefs Supreme Court

‘False defence no ground to convict if chain of circumstantial evidence is incomplete’. 10 years after wife’s death, SC sets man free

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that when the chain of circumstantial evidence is

Case Briefs Supreme Court

Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings

The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.

Case Briefs Supreme Court

More than a prima facie case! Read Supreme Court’s test for invoking power under Section 319 Cr.P.C.

“The power cannot be exercised in a casual and cavalier manner.”

Case Briefs Supreme Court

Elected legislators cannot claim privilege or immunity to stand above sanctions of criminal law: SC rules out withdrawal of criminal case against MLAs in 2015 Kerala Assembly ruckus

Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. upheld the order of the Chief Judicial Magistrate, Thiruvananthapuram,

Case Briefs High Courts

Read why Bombay HC granted anticipatory bail to ‘Constable’ accused of rape and other offences | Succinct Report

Bombay High Court: Sandeep K. Shinde, J., granted anticipatory bail to a constable accused of rape and other offences as detailed below.

Case Briefs High Courts

Del HC | Can magazine covers be sufficient evidence to explain that wife who is a model can sustain herself? HC addresses while deciding a Maintenance matter

Delhi High Court: Subramonium Prasad, J., while addressing a revision petition in regard to maintenance of wife, held that Magazine covers are

Case Briefs High Courts

Kar HC │ Can the statement recorded under Section 164 of Cr.PC be considered to be evidence under Section 35 of the POCSO Act? Whether the accused is entitled to bail in case the mandate under Section 35 of the POCSO Act has not been completed?

Karnataka High Court: A Division Bench of B. V. Nagarathna and M.G. Uma JJ. held that the accused does not have a

Case Briefs High Courts

[MV Act]HP HC│ Once a document has been admitted in evidence; any objection regarding its admissibility or mode of proof later is irregular

Himachal Pradesh High Court: Vivek Thakur J. allowed the appeal and compensated the appellants because of false denial on thepart of respondents

Case Briefs Supreme Court

Husband & Sister-in-law walk free after deceased’s dying declaration fails to “inspire confidence” in a 30 year old case; Supreme Court explains the yardstick for admissibility of a dying declaration

Supreme Court: The bench of Navin Sinha and Krishan Murari, JJ has held that there cannot be any rigid standard or yardstick

Case Briefs Supreme Court

Can ossification test held after 38 years of incident be conclusive to prove juvenility on the date of incident? SC answers

“The ossification test can be said to be relevant for determining the approximate age of a person in conflict with law. However, when the person is around 40-55 years of age, the structure of bones cannot be helpful in determining the age.”

Case Briefs High Courts

[MV Act] Kar HC | Evidence is examined on the touchstone of ‘preponderance of probabilities’, Standard of proof of accident beyond reasonable doubt to not apply

Karnataka High Court: A Division Bench of Alok Aradhe and Nataraj Rangaswamy, JJ., disposed of the appeal after modifying the compensation. The