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Evidence

Case BriefsSupreme 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

Published on December 21, 2020December 25, 2020By Prachi Bhardwaj
Leave a comment7554 views
Case BriefsSupreme Court

FIR is not a detailed chronicle of all intricate and minute details of an offence: Supreme Court [Read what a valid FIR is]

Supreme Court: The bench of AM Khanwilkar and Sanjiv Khanna, JJ has held that the true test of a valid FIR is only whether

Published on December 19, 2020December 20, 2020By Prachi Bhardwaj
1 Comment16710 views
Hot Off The PressNews

NHRC issues SOP on collection & processing of scientific/forensic evidences in case of sexual assault on women to ensure effective prosecution leading to conviction

The National Human Rights Commission, NHRC, India, in order to ensure effective prosecution leading to conviction in cases of sexual assault on

Published on December 18, 2020December 18, 2020By Bhumika Indulia
Leave a comment3674 views
Case BriefsHigh Courts

Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly

Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of  Penal

Published on December 16, 2020December 17, 2020By Editor
Leave a comment3554 views
Case BriefsHigh Courts

Chh HC | Order of conviction under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act reversed in appeal due to lack of clear evidence; Appeal allowed

Chhattisgarh High Court: Gautam Chourdiya J., allowed the appeal and reversed the impugned order due to lack of clear evidence.  The facts

Published on November 24, 2020November 27, 2020By Editor
Leave a comment2985 views
Case BriefsSupreme Court

SC| Evidence has to be weighed and not counted

“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”

Published on October 12, 2020November 1, 2020By Prachi Bhardwaj
Leave a comment10166 views
Case BriefsSupreme Court

Can strict rules of evidence be applied to disciplinary proceedings? Here’s what SC says

Supreme Court: The 3-judge bench of NV Ramana, SA Nazeer and Surya Kant, JJ has elaborately discussed the power of the Disciplinary

Published on September 12, 2020By Prachi Bhardwaj
1 Comment8692 views
Op EdsOP. ED.

Rules and Principles of Identification under Criminal Justice System 

by Sarvesh Kumar Shahi*

Published on August 20, 2020By Bhumika Indulia
3 Comments38553 views
Case BriefsHigh Courts

Ker HC | Producing ‘forwarding note’ to establish connection between sample collected and actually tested at lab a must to prove sanctity of evidence beyond reasonable doubt

Kerala High Court: R. Narayana Pisharadi, J. set aside the judgment of the trial court and pronounced the appellant/ accused being not

Published on August 14, 2020August 21, 2020By Editor
Leave a comment4436 views
Case BriefsHigh Courts

P&H HC | Gynaecologists cannot be attributed with medical negligence if a woman conceives after undergoing tubectomy during childbirth via caesarean section

Sucheta Sarkar, Editorial Assistant has put this story together

Published on July 22, 2020July 31, 2020By Editor
1 Comment3568 views
Case BriefsHigh Courts

HP HC | Bail is the norm, jail exception, object of bail is neither punitive nor preventative

Himachal Pradesh High Court: Sandeep Sharma J. dismissed both writ petitions filed by the petitioners stating that the freedom of an individual

Published on February 29, 2020March 3, 2020By Bhumika Indulia
Leave a comment3521 views
Case BriefsHigh Courts

Bom HC | Acquittal of murder accused upheld holding his disclosure to Sub-Inspector in police station that he killed his wife as non-admissible in evidence

Bombay High Court: A Division Bench of S.S. Shinde and N.B. Suryawanshi, JJ., dismissed an appeal filed by the State against the

Published on January 15, 2020January 22, 2020By Bhumika Indulia
Leave a comment4530 views
Case BriefsHigh Courts

P&H HC | Accused facing trial under Negotiable Instrument Act not competent to file an affidavit for evidence

Punjab & Haryana High Court: Surinder Gupta, J. dismissed a petition dealing with the question whether accused under Negotiable Instruments Act, 1881

Published on December 12, 2019December 24, 2019By Bhumika Indulia
22 Comments9430 views
Case BriefsSupreme Court

SC | Contents of pen drive/memory card amount to documentary evidence

Supreme Court: A Division Bench comprising of AM Khanwilkar and Dinesh Maheshwari, JJ. has held that the contents of a memory card

Published on December 3, 2019December 5, 2019By Bhumika Indulia
1 Comment11072 views
Case BriefsForeign Courts

SL SC | Mandatory for the Judge to analyse evidence to find if the ingredients are proved beyond doubt; SC allows the appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: L.T.B. Dehideniya, J., S. Thurairaja, PC, J. and E.A.G.R. Amarasekara, J., allowed

Published on November 21, 2019November 21, 2019By Bhumika Indulia
Leave a comment2670 views
Case BriefsHigh Courts

All HC | Evidences gathered by Investigating Officer cannot be looked under Inherent powers; Consent for sexual intercourse on promise to marry, held to be subject matter of evidence

Allahabad High Court: Applicant filed an application under Section 482 of Criminal Procedure Code which was contemplated by Dinesh Kumar Singh, J.

Published on October 1, 2019October 10, 2019By Bhumika Indulia
Leave a comment3397 views
Case BriefsTribunals/Commissions/Regulatory Bodies

SAT | Director can only be prosecuted on sufficient evidence of his active role or where statutory regime attracts vicarious liability

Securities Appellate Tribunal (SAT): Coram of Justice Tarun Agarwala (Presiding Officer), Dr C.K.G. Nair (Member), and Justice M.T. Joshi (Judicial Member), quashed an

Published on August 13, 2019August 23, 2019By Bhumika Indulia
Leave a comment5566 views
Case BriefsHigh Courts

Raj HC | High Court reduces sentence due to improper facts presented by prosecution

Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. partly allowed a criminal appeal wherein they reduced the

Published on August 1, 2019August 1, 2019By Bhumika Indulia
Leave a comment3612 views
Case BriefsHigh Courts

Pat HC | Prosecution based on statement of co-accused not substantiated by evidence, would amount to abuse of process of Court

Patna High Court: Birendra Kumar, J. allowed the application to quash the proceedings against the petitioner as it was an abuse of

Published on July 27, 2019August 1, 2019By Bhumika Indulia
Leave a comment2949 views
Case BriefsHigh Courts

Del HC | Application for interim maintenance filed by wife to be decided before disposing of the main case; order listing the matter for evidence quashed

Delhi High Court: Sanjeev Sachdeva, J. allowed a criminal revision petition filed by the petitioner-wife against the order of the trial court listing

Published on July 19, 2019July 24, 2019By Bhumika Indulia
Leave a comment8900 views

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