Evidence Act, 1872 — S. 115 — Approbate and Reprobate
Applicability of Doctrine of approbate and reprobate, explained. In the case on hand, the management of FCI filed a writ petition challenging the Award passed by the Tribunal but having…
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Applicability of Doctrine of approbate and reprobate, explained. In the case on hand, the management of FCI filed a writ petition challenging the Award passed by the Tribunal but having…
Review petition re death sentence can be reheard even on procedural objections, including the mode and method of evidentiary proof, as the matter pertains to death sentence. “Normally in a…
Principles summarised relating to effect of failure of accused to throw any light upon facts proved to be within special knowledge of accused and circumstances when accused does owe explanation…
In this case, Executive Magistrate recorded statement of injured prosecution witness assaulted by accused persons, in the form of dying declaration, however, aforesaid witness surviving such assault. In view of…
Murder of deceased in Hospital using firearms based principally on CCTV footage system. Hard disk of computer system pertaining to the CCTV cameras not played in court, but only certified…
Principles summarised regarding scope of admissibility of facts disclosed by accused in police custody. “it may be noted that the trial court had allowed the entire disclosure statements of the…
Plea of “legal privilege” under S. 129, for non-disclosure of documents/opinions to the accused is untenable, where such documents/opinions form basis for initiating criminal prosecution. Held, SEBI could not have…
Validity of test identification parade (TIP), determined. If identification in the TIP has taken place after the accused is shown to the witnesses, then not only is the evidence of…
Admissibility under S 27, held, is relatable to information pertaining to a fact discovered in consequence of information received from a person in custody, accused of an offence- thus, it…
Certificate under S. 65-B(4), Evidence Act is mandatory for production of electronic evidence, oral evidence in place of such certificate cannot suffice. Evidence supporting conviction of accused in kidnapping and committing murder of…
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