Evidence Act Archives | Page 4 of 5

Lower Court Judge failed in its duty to protect dignity of rape victim: Bom HC’s decision on committing of rape by cab driver joined by his accomplice

Bombay High Court: Pained to note the permitting of questions by the Lower Court which crossed all lines of dignity of a

Case Briefs Supreme Court

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.

Case Briefs Supreme Court

Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide

Supreme Court: A Division Bench of S. Abdul Nazeer and Krishna Murari, JJ. refused to interfere in the judgment passed by the

Case Briefs Supreme Court

Explained| When can proviso (6) to Section 92 of Evidence Act, 1872 be invoked?

Supreme Court: Explaining the scope of Section 92 Proviso (6) of the Evidence Act, 1872, the 3-judge bench of NV Ramana, CJ* and

'Lex Mercatoria' by Hasit Seth Experts Corner

Impossibility Exception to the Section 65-B(4) Electronic Evidence Certificate

by Hasit B. Seth †

Cite as: 2021 SCC OnLine Blog Exp 42

Case Briefs High Courts

[Will] HP HC | Where the document is written by one person and signed by another, the handwriting of the former and the signature of the later have both to be proved in view of S. 67 of the Evidence Act

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. dismissed the appeal being devoid of merits. The facts of the case are such

Case Briefs High Courts

Madras HC | Daughters filed partition suit while disowning their registered release deed. As per S. 92 of Evidence Act, burden to adduce evidence sufficient to exclude written evidence will be on the daughters? Read on

Madras High Court: G. Jayachandran, J., the instant suit was filed with regard to the relief of partition and permanent injunction from

Case Briefs High Courts

Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that to get a decree of divorce

Op Eds OP. ED.

Changing Facades of Law on Admissibility of Electronic Evidence

by Vikas Upadhyay* & Prakash Upadhyay **

Case Briefs High Courts

J&K HC | [S. 108 Evidence Act] A person whose whereabouts are unknown and who has not been heard of for more than 10 years, cannot be stated to have illegally run away from his service; Petition allowed

Jammu and Kashmir High Court: Sanjay Dhar, J., while allowing the present petition, clarified that a person who has been declared missing

Case Briefs Supreme Court

Patent and latent ambiguities, as explained by Supreme Court

Supreme Court: While settling the dispute between Anglo American Metallurgical Coal (AAMC) and MMTC Ltd, the bench of RF Nariman* and KM

Case Briefs High Courts

J&K HC | Non-applicant cannot be convicted on the statement of co-accused recorded under S. 67 of the NDPS Act, 1985; Application dismissed

Jammu and Kashmir High Court: A Division Bench of Sanjay Dhar and Rajesh Bindal, JJ. while dismissing the present application seeking leave

Case Briefs High Courts

Chh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs High Courts

[MV Act] Kar HC | MACT must proactively invoke power under S. 165 Evidence Act, in case of inability of claimants to produce treating doctors as witnesses

Karnataka High Court: H. T. Narendra Prasad J. allowed the appeal stating that the Motor Accident Claim Tribunal has ample powers under

Op Eds OP. ED.

Proving a contradiction during a Trial

by Jeet J Bhatt*

Case Briefs Supreme Court

Execution of Will| Sufficient to prove attestation of one attesting witness to be in his handwriting when both attesting witnesses are dead

Supreme Court: Explaining the requirement under Section 69 of the Evidence Act pertinent to Section 68 of the Evidence Act that the

Case Briefs High Courts

[S. 14 of Family Courts Act] Del HC | In a contest between right to privacy and right to fair trial, both of which arise under expansive Art. 21, right to privacy may have to yield to right to fair trial

Delhi High Court: Anup Jairam Bhambhani, J., while addressing a matrimonial dispute, observed that, “the only criterion or test under Section 14 of

Op Eds OP. ED.

SCC Times

Evidence Act

Lower Court Judge failed in its duty to protect dignity of rape victim: Bom HC’s decision on committing of rape by cab driver joined by his accomplice

Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings

Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide

Explained| When can proviso (6) to Section 92 of Evidence Act, 1872 be invoked?

Impossibility Exception to the Section 65-B(4) Electronic Evidence Certificate

[Will] HP HC | Where the document is written by one person and signed by another, the handwriting of the former and the signature of the later have both to be proved in view of S. 67 of the Evidence Act

Madras HC | Daughters filed partition suit while disowning their registered release deed. As per S. 92 of Evidence Act, burden to adduce evidence sufficient to exclude written evidence will be on the daughters? Read on

Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses

Changing Facades of Law on Admissibility of Electronic Evidence

J&K HC | [S. 108 Evidence Act] A person whose whereabouts are unknown and who has not been heard of for more than 10 years, cannot be stated to have illegally run away from his service; Petition allowed

Patent and latent ambiguities, as explained by Supreme Court

J&K HC | Non-applicant cannot be convicted on the statement of co-accused recorded under S. 67 of the NDPS Act, 1985; Application dismissed

Chh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills

[MV Act] Kar HC | MACT must proactively invoke power under S. 165 Evidence Act, in case of inability of claimants to produce treating doctors as witnesses

Proving a contradiction during a Trial

Execution of Will| Sufficient to prove attestation of one attesting witness to be in his handwriting when both attesting witnesses are dead

[S. 14 of Family Courts Act] Del HC | In a contest between right to privacy and right to fair trial, both of which arise under expansive Art. 21, right to privacy may have to yield to right to fair trial

Rethinking the ‘Fruits of the poisonous tree’ doctrine: Should the ‘ends’ justify the ‘means’?

Practice and Procedure Relating to Proof of Documents

Sections 25 and 26 of Evidence Act must be strictly construed