Accident-Claim Petition-involvement of Vehicle—Merely recording of FIR in itself will not be enough to prove the involvement of the vehicle especially when in the criminal proceedings, the alleged eye witness failed to identify the accused rather categorically deposed that the accused was not driving the offending vehicle

Accident–Claim Petition-involvement of Vehicle—Merely recording of FIR in itself will not be enough to prove the involvement of the vehicle especially when in the criminal proceedings, the alleged eye witness failed to identify the accused rather categorically deposed that the accused was not driving the offending vehicle

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By phlaw| May 19th, 2018|Evidence - Criminal Cases|Comments Off

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Hostile Witness—Evidentiary Value of—Evidence of a person does not become effaced from the record merely because he has turned hostile Ballistic Report—The time of last firing could not be given scientifically.
February 8th, 2019 | Comments Off on Hostile Witness—Evidentiary Value of—Evidence of a person does not become effaced from the record merely because he has turned hostile Ballistic Report—The time of last firing could not be given scientifically.
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Disclosure Statement—Relatives of deceased themselves recovered dead body on basis of extra judicial confession by accused under pressure—Police was informed thereafter—Such recovery cannot be held as recovery on disclosure statement of accused.
October 8th, 2018 | Comments Off on Disclosure Statement—Relatives of deceased themselves recovered dead body on basis of extra judicial confession by accused under pressure—Police was informed thereafter—Such recovery cannot be held as recovery on disclosure statement of accused.
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Penalty on Surety-Absence of accused- One of the accused was in custody on relevant date and other was already arrested and had surrendered before trial court-Presence of accused was beyond control of sureties-Impugned order imposing penalties on securities set aside. .
October 3rd, 2018 | Comments Off on Penalty on Surety-Absence of accused- One of the accused was in custody on relevant date and other was already arrested and had surrendered before trial court-Presence of accused was beyond control of sureties-Impugned order imposing penalties on securities set aside. .
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Unlawful Assembly—Vicarious Liability—Prosecution must prove that the act constituting an offence was done by the members or that the members knew that offence is likely to be committed in furtherance of the common object of that assembly.
August 3rd, 2018 | Comments Off on Unlawful Assembly—Vicarious Liability—Prosecution must prove that the act constituting an offence was done by the members or that the members knew that offence is likely to be committed in furtherance of the common object of that assembly.
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Freezing of Bank Accounts—There is no requirement of giving prior notice to the account holder before the seizure of his bank account.
July 31st, 2018 | Comments Off on Freezing of Bank Accounts—There is no requirement of giving prior notice to the account holder before the seizure of his bank account.
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Murder-Motive-Non-mention of motive in FIR—- Not a fatal defect—An FIR is not to be read as an encyclopedia requiring every minute detail of the occurrence to be mentioned therein–The absence of any mention in it with regard to the previous altercation, cannot affect its veracity so as to doubt the entire case of the prosecution–The altercation suffices to establish motive—Conviction upheld-Evidence Act, 1872, S.8.
July 25th, 2018 | Comments Off on Murder-Motive-Non-mention of motive in FIR—- Not a fatal defect—An FIR is not to be read as an encyclopedia requiring every minute detail of the occurrence to be mentioned therein–The absence of any mention in it with regard to the previous altercation, cannot affect its veracity so as to doubt the entire case of the prosecution–The altercation suffices to establish motive—Conviction upheld-Evidence Act, 1872, S.8.
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Evidence Act, 1872, S,106-Burden of Proof-Incriminating Circumstances-Special Knowledge-When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him-If any of the inmates claims contrary under Section 106 of the evidence Act the burden of proving that fact is upon him since that is within his/her special knowledge.
June 12th, 2018 | Comments Off on Evidence Act, 1872, S,106-Burden of Proof-Incriminating Circumstances-Special Knowledge-When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him-If any of the inmates claims contrary under Section 106 of the evidence Act the burden of proving that fact is upon him since that is within his/her special knowledge.

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