NRJ Series| Evidence of related eyewitness can be accepted without corroboration [(1953) 2 SCC 604]
This report covers the Supreme Court’s Never Reported Judgment, on related eyewitness, dating back to the year 1953.
Evidence Act
[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court
“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”
Paradigm Shift in India’s Criminal Justice System: Dissecting Bharatiya Sakshya Adhiniyam, 2023
The BSA represents a landmark moment in India’s legal landscape, signalling a shift towards modernization and the digital era. It replaces archaic terminologies, expands the admissibility of evidence, and embraces technology.
2024 SCC Vol. 2 Part 4
M.P. Municipal Corporation Act, 1956 (23 of 1956) — S. 132(6)(l) — Tax on advertisement: Law clarified on requisites for levy of
2024 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — S. 34: Objections to the award: Law summarised relating to Court’s power to review awards under
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 &
[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Centre’s new Bills to overhaul Indian Criminal Justice system withdrawn; To be reintroduced after incorporating suggestions of Committee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.