Law Related to Summary Judgment: A Critical Analysis
by Rajnish Kumar Jha*
Evidence
Are strict principles of evidence and standards of proof like in a criminal trial applicable in Motor Accident Claims cases? Supreme Court answers
Supreme Court: The bench of Surya Kant and Aniruddha Bose, JJ has held that the strict principles of evidence and standards of
FIR is not a detailed chronicle of all intricate and minute details of an offence: Supreme Court [Read what a valid FIR is]
Supreme Court: The bench of AM Khanwilkar and Sanjiv Khanna, JJ has held that the true test of a valid FIR is only whether
NHRC issues SOP on collection & processing of scientific/forensic evidences in case of sexual assault on women to ensure effective prosecution leading to conviction
The National Human Rights Commission, NHRC, India, in order to ensure effective prosecution leading to conviction in cases of sexual assault on
Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly
Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal
Chh HC | Order of conviction under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act reversed in appeal due to lack of clear evidence; Appeal allowed
Chhattisgarh High Court: Gautam Chourdiya J., allowed the appeal and reversed the impugned order due to lack of clear evidence. The facts
SC| Evidence has to be weighed and not counted
“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”
Can strict rules of evidence be applied to disciplinary proceedings? Here’s what SC says
Supreme Court: The 3-judge bench of NV Ramana, SA Nazeer and Surya Kant, JJ has elaborately discussed the power of the Disciplinary
Rules and Principles of Identification under Criminal Justice System
by Sarvesh Kumar Shahi*
Ker HC | Producing ‘forwarding note’ to establish connection between sample collected and actually tested at lab a must to prove sanctity of evidence beyond reasonable doubt
Kerala High Court: R. Narayana Pisharadi, J. set aside the judgment of the trial court and pronounced the appellant/ accused being not
P&H HC | Gynaecologists cannot be attributed with medical negligence if a woman conceives after undergoing tubectomy during childbirth via caesarean section
Sucheta Sarkar, Editorial Assistant has put this story together
HP HC | Bail is the norm, jail exception, object of bail is neither punitive nor preventative
Himachal Pradesh High Court: Sandeep Sharma J. dismissed both writ petitions filed by the petitioners stating that the freedom of an individual
Bom HC | Acquittal of murder accused upheld holding his disclosure to Sub-Inspector in police station that he killed his wife as non-admissible in evidence
Bombay High Court: A Division Bench of S.S. Shinde and N.B. Suryawanshi, JJ., dismissed an appeal filed by the State against the
P&H HC | Accused facing trial under Negotiable Instrument Act not competent to file an affidavit for evidence
Punjab & Haryana High Court: Surinder Gupta, J. dismissed a petition dealing with the question whether accused under Negotiable Instruments Act, 1881
SC | Contents of pen drive/memory card amount to documentary evidence
Supreme Court: A Division Bench comprising of AM Khanwilkar and Dinesh Maheshwari, JJ. has held that the contents of a memory card
SL SC | Mandatory for the Judge to analyse evidence to find if the ingredients are proved beyond doubt; SC allows the appeal
Supreme Court of the Democratic Socialist Republic of Sri Lanka: L.T.B. Dehideniya, J., S. Thurairaja, PC, J. and E.A.G.R. Amarasekara, J., allowed
All HC | Evidences gathered by Investigating Officer cannot be looked under Inherent powers; Consent for sexual intercourse on promise to marry, held to be subject matter of evidence
Allahabad High Court: Applicant filed an application under Section 482 of Criminal Procedure Code which was contemplated by Dinesh Kumar Singh, J.
SAT | Director can only be prosecuted on sufficient evidence of his active role or where statutory regime attracts vicarious liability
Securities Appellate Tribunal (SAT): Coram of Justice Tarun Agarwala (Presiding Officer), Dr C.K.G. Nair (Member), and Justice M.T. Joshi (Judicial Member), quashed an
Raj HC | High Court reduces sentence due to improper facts presented by prosecution
Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. partly allowed a criminal appeal wherein they reduced the
Pat HC | Prosecution based on statement of co-accused not substantiated by evidence, would amount to abuse of process of Court
Patna High Court: Birendra Kumar, J. allowed the application to quash the proceedings against the petitioner as it was an abuse of