Bom HC │ Extra-judicial confession is a weak piece of evidence; Conviction under S. 302 IPC set aside
Bombay High Court: The Division Bench of Sadhana S. Jadhav and Milind N. Jadhav, JJ., allowed an appeal which was filed against
burden of proof
Raj HC | Burden on the defence to prove the plea of insanity is only to the extent of establishing the same by preponderance of probabilities, need not be proved beyond all manner of doubt
Rajasthan High Court: A Division Bench of Sandeep Mehta and Sameer Jain, JJ. allowed the appeal and quashed and set aside the
Gift deed by an old illiterate woman: SC approves not legalistic but holistic approach by lower courts to determine validity of deed. HC’s verdict set aside
Supreme Court: In an issue relating to the alleged gift deed by an old illiterate woman, the bench of MR Shah and
Court holds accused guilty under S. 138 NI Act where he failed to rebut statutory presumption even when complainant didn’t produce documentary evidence to prove debt
XVIII Addl. Chief Metropolitan Magistrate, Bengaluru City: Manjunatha, XVII Addl. C.M.M., found the accused guilty for the offence under Section 138 of
Three death row convicts to walk free as SC finds them “not guilty” of murdering six family members
“We are at pains to observe the manner in which the present case has been dealt with by the trial court as well as by the High Court, particularly, when the trial court awarded death penalty to the accused and the High Court confirmed it.”
Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act
Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the
Not wise to shift burden of proof on accused merely because of rampant increase in henious crimes; SC acquits man in a 2009 dacoity case
“The acquittal of a guilty person constitutes a miscarriage of justice just as much as the conviction of the innocent.”
Mere denial is useless, Presumption under S. 138 NI Act can be rebutted only by leading cogent evidence: Court holds accused guilty where “payment stopped by drawer”
Saket Courts, New Delhi: Swati Gupta, Metropolitan Magistrate reiterated what is expected of an accused to rebut the statutory presumption against him
‘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
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.
Madras HC | Who is liable in suit for malicious prosecution; what is duty of civil court; where lies onus of proof? HC answers all, says no ‘second agnipariksha’ for plaintiff
Madras High Court: G.R. Swaminathan, J., held that to succeed in a suit for malicious prosecution, the acquittal of the plaintiff alone
Chh HC | Degree of proof which is necessary to order conviction in a criminal case is different from degree of proof necessary to record commission of delinquency in a departmental proceeding
Chhattisgarh High Court: P. Sam Koshy J., dismissed the petition stating that no interference is required at this juncture keeping in mind
Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act
Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138
Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC
Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,
SL CoA | Burden of proof with claimant to show lawful possession for proving prescriptive title to land
Court of Appeal of Sri Lanka: This appeal was filed before a Bench of Mahinda Samayawardhena, J., for ejectment of defendants from
Onus shifts on accused to prove defence when prosecution discharges burden of proof
Madhya Pradesh High Court: This appeal was filed before a 2-Judge Bench comprising of Sujoy Paul and Nandita Dubey, JJ., against the
Section 106 Evidence Act not a substitute for the burden of proof which rests on prosecution; murder accused acquitted holding prosecution case based on presumption: Bombay HC
Bombay High Court: A Division Bench comprising of S.S. Shinde and A.S. Gadkari, JJ., allowed a criminal appeal filed against the judgment
Burden of proof falls upon the person who is in special knowledge of a fact known only to him
Delhi High Court: A Division Bench comprising of Vipin Sanghi and P.S. Teji, JJ, upheld the conviction and sentence passed by the
Suspicion however grave, cannot take the place of proof
Chhattisgarh High Court: In an appeal before the High Court, the appellants challenged their conviction by Sessions Judge in murder case of