The primary rule of construction of a document is the intention of the executants, which must be found in the words used in the document. The question is not what may be […]
A composite document is severable and in part clearly testamentary, such part may take effect as a Will and other part if it has the characteristics of a settlement and that part […]
Hon’ble Apex Court in 2009 (9) SCC 689 in the matter of Shub Karan Buba Alias Shub Karan vs. Sita Saran Bubna & Ors. has, inter alia held at Paragraphs 5 & […]
NEWSPAPERS Daily Prothom Alo Ittefaq Jugantor Shamokal Janakantha Daily kaler kantho Sangbad Jai Jai Din Bangladesh Pratidin Daily Bhorer Kagoj Daily Manab Zamin The Daily Star NEW AGE The Independent The New […]
While dealing with a judgment of Acquittal, an appellate court must consider the entire evidence on record
Supreme Court in Dr. Sunil Kumar Sambhudayal Gupta and Ors. v. State of Maharashtra, JT 2010 (12) SC 287, considered various aspects of dealing with a case of Acquittal and after placing […]
Supreme Court, on various occasions, had opportunity to discuss the importance of fair trial in Criminal Justice System and various circumstances in which a trial can be transferred to dispense fair and […]
Supreme Court in Himanshu Singh Sabharwal v. State of M.P. and Ors. (2008) 4 SCR 783, where this Court in paragraphs 14 and 15 has observed as under: 14. “Witnesses” as Benthem […]
KEYWORD:- Tape recorded speech – Evidence- The evidence of voice identification is at best suspect, if not, wholly unreliable. Accurate voice identification is much more difficult than visual identification. It is prone […]
Corroboration is not the sine qua non for conviction in a rape case. The observations of Vivian Bose, J. in Rameshwar v. State of Rajasthan were: The rule, which according to the […]
CHILD WITNESS: In Rameshwar S/o Kalyan Singh v. The State of Rajasthan, AIR 1952 SC 54, Supreme Court examined the provisions of Section 5 of Indian Oaths Act, 1873 and Section 118 […]
KEYWORDS:- breach of promise to marry – DATE:- 04-04-2011 AIR 2011 SC 2564 : (2011) CriLJ SC 2591 : JT 2011 (4) SC 2 : (2011) 4 SCALE 224 (SUPREME COURT OF INDIA) […]
Section 315. Accused person to be competent witness. (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on […]
Whether the acceptance of a bribe by a police official with the object of weakening the prosecution case could be said under to be under `colour of duty’ or in excess of his duty
The State of Andhra Pradesh v. N. Venugopal and Ors., AIR 1964 SC 33, State of Maharashtra v. Narhar Rao, AIR 1966 SC 1783, State of Maharashtra v. Atma Ram AIR 1966 […]
It is a settled legal proposition that in exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse i.e. the conclusions of the courts below […]
Admissibility of a document is one thing and its probative value quite another-these two aspects cannot be combined.
Under construction In State of Bihar and Ors. v. Radha Krishna Singh and Ors., AIR 1983 SC 684, this Court dealt with the issue of prohibitive value of the contents of an […]
It is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him.
Section 313 Code No matter how weak or scanty the prosecution evidence is in regard to certain incriminating material, it is the duty of the Court to examine the accused and seek […]
Whether adverse inference could be drawn against the accused merely on the basis of recoveries made on their disclosure statements.
In Gulab Chand v. State of M.P., AIR 1995 SC 1598, Supreme Court upheld the conviction for committing dacoity on the basis of recovery of ornaments of the deceased from the possession […]
Irrelevant details which do not in any way corrode the credibility of a witness cannot be labelled as omissions or contradictions.
It is a settled legal proposition that while appreciating the evidence of a witness, minor discrepancies on trivial matters, which do not affect the core of the prosecution’s case, may not prompt […]
Guidelines for the High Court to interfere with the judgment and order of Acquittal passed by the Trial Court
Supreme Court has laid down the guidelines for the High Court to interfere with the judgment and order of Acquittal passed by the Trial Court. The appellate court should not ordinarily set […]
The evidence of the stamped witness must be given due weightage as his presence on the place of occurrence cannot be doubted. His statement is generally considered to be very reliable and […]