2024 SCC Vol. 2 Part 1
Evidence Act, 1872 — Ss. 135 to 139, 154, 155 & 120 r/w Or. 14 R. 21, Or. 16 Rr. 14 &
Evidence Act
[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC
‘Section 106 of Evidence Act never relieves the prosecution from establishing prima facie guilt of the accused beyond all reasonable doubt, only when the same is established, the burden would shift to the accused.’
Gauhati HC upholds judgment by Foreigners Tribunal declaring a woman to be a foreigner who entered India illegally
Gauhati HC opined that the petitioner failed to discharge her burden to prove the contents of her evidence so as to establish her Indian citizenship.
Key Highlights of the three new criminal laws introduced in 2023
The President gave assent on 25-12-2023 to the new criminal laws.
Centre’s new Bills to overhaul Indian Criminal Justice system withdrawn; To be reintroduced after incorporating suggestions of Committee
The decision came in light of the Parliamentary Committee’s recommendations to amend the bills with some major changes relating to adultery, Section 377, etc.
Bombay High Court dismisses appeal against conviction for murder of his wife based on child witness’ testimony
Mere accompaniment of uncle to visit court for recording statement under section 164 of CrPC is not good ground or submission to hold that the child was tutored.
2023 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — Or. 21 R. 95: Starting point of limitation application under Or. 21 R. 95, by auction-purchaser for
Request for money by husband to arrange job with promise to repay does not amount to ‘dowry’ u/s 2 of the Dowry Prohibition Act: Orissa HC
“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”
Delhi High Court | DNA Test vitiates the Legal Presumption of Paternity under Section 112 of Evidence Act
Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are made and instead places the burden of proof on those who contest the child’s legitimacy.
Where there is a Will, there is Inheritance Law
by Spenta Havewala Kapadia*
A Rundown on Law Relating to Wills, Letters of Administration, Succession Certificates and Heirship Certificates
Landmark Judgments on SEBI by Supreme Court and High Courts in 2022 Part II
by Siddharth R. Gupta*
Cite as: 2023 SCC OnLine Blog Exp 78
2023 SCC Vol. 8 Part 4
Criminal Law — Criminal Trial — Proof — Burden and Onus of proof — Recourse to S. 106 of the Evidence Act
‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment
“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.
Dying Declaration | Section 32(1) of Evidence Act is an exception to general rule against hearsay evidence: Bombay High Court upholds conviction order against the accused
Bombay High Court clarified that the instant case was one based on dying declaration which may solely be made the basis of conviction after qualifying the test of truthfulness, voluntariness and free from suspicion and doubt.
Section 118 of Evidence Act | Child witness easily susceptible to tutoring; corroborating testimony not a rule but a measure of caution and prudence: Supreme Court
Supreme Court did not deem it safe to base the conviction only on the testimony of child witness which did not inspire confidence and acquitted the appellant.
‘Chain of circumstantial evidence incomplete to interfere with acquittal’; Supreme Court affirms acquittal in 25-year-old case
Supreme Court concurred with the Punjab and Haryana High Court that incriminating circumstances were not proved beyond reasonable doubt and chain of evidence was not complete to interfere with a degree of certainty of accused having committed the crime.
DNA Paternity test cannot be allowed in routine manner, can only be permitted in exceptional circumstances; Rajasthan High Court reiterates
Rajasthan High Court observed that the DNA Paternity Test requires to be conducted only in exceptional cases, and therefore, the child cannot be used as a weapon to get divorce on ground of adultery, on the strength of outcome of a DNA Paternity Test.
The Competition (Amendment) Act, 2023: A Game Changer for Mergers and Acquisitions
by Aayushi Singh† and Pavitra Dubey††
Last seen evidence does not lead to irrevocable conclusion without complete chain of evidence establishing guilt; SC acquits convict in a 23-year-old murder case
The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.
Suggestions to witness by defence and reply to the same forms part of evidence to determine guilt of accused; SC upholds conviction in murder case
Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.