October 2018

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.

By | October 8th, 2018|Evidence - Criminal Cases|

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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.                                 .                                             

By | October 3rd, 2018|Evidence - Criminal Cases|

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.                                 .                                             

August 2018

July 2018

Freezing of Bank Accounts—There is no requirement of giving prior notice to the account holder before the seizure of his bank account.

By | July 31st, 2018|Evidence - Criminal Cases|

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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.

By | July 25th, 2018|Evidence - Criminal Cases|

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.

June 2018

May 2018

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

By | May 19th, 2018|Evidence - Criminal Cases|

Comments Off on 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

Defamation—Defamatory material published in a newspaper—Liability of Owner—It must be established that the respondent is not only the owner of the newspaper but also sold or offered the newspaper for sale.  

By | May 14th, 2018|Evidence - Criminal Cases|

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February 2018

January 2018

December 2017

Evidence of witness—A self-contradictory new version projected during the course of trial creates a dent in the credibility of his testimony.

By | December 26th, 2017|Evidence - Criminal Cases|

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Unreliable witness-Merely because a witness has deposed wrongly regarding certain aspects of the case does not mean that his statement is to be discarded outrightly, if his deposition comes out to be convincing and inspiring confidence regarding other aspects.

By | December 15th, 2017|Evidence - Criminal Cases|

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October 2017

Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1.

By | October 14th, 2017|Evidence - Criminal Cases|

Comments Off on Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1.

June 2017

March 2017

January 2017