witness Archives | Page 2 of 3

Clearing of prosecution evidence not an absolute bar from re-examining materials/witnesses under Section 311 CrPC: Supreme Court

“The statutory provision goes to emphasise that the court is not a hapless bystander in the derailment of justice. Quite to the contrary, the court has a vital role to discharge in ensuring that the cause of discovering truth as an aid in the realization of justice is manifest.”

Case Briefs High Courts

Rajasthan High Court| Trial Court required to prima-facie ascertain the relevancy of the proposed witnesses while deciding application under Order XVI R 1 and 2 CPC

Rajasthan High Court: Dinesh Mehta, J. considered the stamp vendor and Sub Registrar as relevant witnesses in a case where

Case Briefs High Courts

Fair trial is the hallmark of criminal procedure, it entails not only rights of victims but also interest of accused: Delhi HC

Delhi High Court: Manoj Kumar Ohri, J., while discussing the scope of Section 311 of the Criminal Procedure Code, 1973 with regard

Case Briefs High Courts

HP HC | Power under Or. 18 R. 17 CPC cannot be invoked to fill up omission in the evidence already led by a witness

Himachal Pradesh High Court: Sandeep Sharma, J., allowed the petition and quashed the impugned order dated 17-07-2017. The facts of the case

Case Briefs Foreign Courts

SL CoA | Can a conviction stand solely on the uncorroborated testimony of the complainant? Court clarifies

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Devika Abeyratne and P. Kumararatnam, JJ., allowed

Case Briefs Supreme Court

UAPA| No day-to-day hearing, 298 prosecution witnesses yet to be examined? 74-year-old gets bail after 9.5 years

Supreme Court: In a case where a 74-year-old has been behind the bars since 2012 as an undertrial prisoner, after being arrested

Case Briefs High Courts

Ker HC | Presence at a Police Station while being under influence of alcohol; will it attract any offence? HC decides

Kerala High Court: Sophy Thomas, J., quashed proceedings against the petitioner who was charge sheeted for being under the influence of alcohol

Case Briefs High Courts

MP HC | Right to cross-examine a witness cannot be curtailed, Court holds trial court should be patient and tolerant in their approach towards the Trial Court lawyers

Madhya Pradesh High Court: Subodh Abhyankar, J., allowed a petition which was filed aggrieved by the order whereby the right of the

Op Eds OP. ED.

Identification by witness: In criminal justice system

by Prerna Mohan†

Case Briefs Supreme Court

Gangster previously prosecuted in 15 cases gets bail in a murder case! Supreme Court sets aside Allahabad High Court order

“There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.”

Case Briefs Supreme Court

Are strict principles of evidence and standards of proof like in a criminal trial applicable in Motor Accident Claims cases? Supreme Court answers

Supreme Court: The bench of Surya Kant and Aniruddha Bose, JJ has held that the strict principles of evidence and standards of

Case Briefs High Courts

Del HC | Holistic reading of Ss. 306 and 308 CrPC reveals an “inexorable sequence” in which most mandatory step is examination of approver as a witness under S. 306 (4)

Delhi High Court: While deciding the instant matter which revolved around the interplay and interpretation of Sections 306 and 308 of the

Case Briefs High Courts

Cal HC | Can a “witness” in course of investigation be compelled to give voice samples? — 3 questions referred to larger Bench

Calcutta High Court: Rajasekhar Mantha, J., has referred to three important questions, which in the Court’s opinion are required to be settled by

Case Briefs High Courts

Del HC | Violation of Authorship Rights Case | Summoning Bihar CM Nitish Kumar as plaintiff witness, held, not in interest of justice

Delhi High Court: V. Kameswara Rao, J., dismissed the present petition in respect to the appearance of Nitish Kumar, Chief Minister of

Case Briefs High Courts

Bom HC | Conviction for rape reversed where love affair between youngsters landed in prosecution of a young boy

Bombay High Court: Sadhana S. Jadhav, J. allowed an appeal filed against the decision of the trial court whereby the appellant was convicted

Case Briefs High Courts

Prosecution can’t disown its witness unless declared hostile; ossification test comes into play only if documentary and other evidence doesn’t establish victim’s age

Bombay High Court: A Division Bench comprising of S.B. Shukre and S.M. Modak, JJ. allowed a set of criminal appeals filed against the

Case Briefs High Courts

Correction of errors in marriage certificate can be done in the presence of persons married or two credible witnesses

Kerala High Court: A Single judge bench comprising of Alexander Thomas, J. allowed a petition seeking mandamus against Marriage Registrar and directed

Case Briefs High Courts

Witness cannot render ‘opinion’ as to rash and negligent driving; high speed by itself not sufficient criterion: Del HC

Delhi High Court: A Single Judge Bench comprising of Sanjeev Sachdeva, J.allowed a criminal revision petition filed against the judgment of the Appellate

Case Briefs High Courts

Part of hostile witness’ testimony found trustworthy can be taken into consideration; man convicted for son’s murder on wife’s hostile testimony

Bombay High Court: A Division Bench comprising of B.R. Gavai and Sarang V. Kotwal, JJ. dismissed an appeal filed against the judgment

Case Briefs High Courts

Order 18 Rule 17 CPC not intended for parties to recall witness for re-examination; it enables Court to recall witness to clarify issues

Delhi High Court: A Division Bench comprising of G.S. Sistani and C. Hari Shankar, JJ. dismissed an appeal filed by the appellant-husband