(A) Evidence Act, 1872, Section 105 - Penal Code, 1860, Section 84 - Unsoundness of mind - Burden of proof - Is on accused - Not so onerous as that upon the prosecution to prove criminal charge - Where during investigation previous history of insanit..
Penal Code, 1860, Section 304A - Negligence - Death of deceased by electrocution - Defence of accused that to prevent wild animals from going into filed, he had put the wire - Probability of defence version is borne out from various factors - Two pol..
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common intention pre-supposes prior concert. Care must be taken not to confuse same or similar intention with common intention; the partition which divides their bonds is often very thin, nevertheless the distinction is real and substantial, and if o..
(A) Code of Criminal Procedure, 1973 (2 of 1974), Section 319 - Addition of accused - Power of Court - Court can exercise only on the basis of evidence adduced before the Court - Word "Evidence" in Section 319 contemplates evidence of witnesses given..
Demand of share of the wife in the ancestral property of the wife does not come within the meaning of "cruelty" defined in I.P.C...
Doubts would be called reasonable if they are free from a zest for abstract speculation. Law cannot afford any favourite other than truth. To constitute reasonable doubt, it must be free from an overemotional response. Doubts must be actual and subs..
Order of registration of FIR and its investigation by the police is not essential on each and every application under section 156(3) Cr.P.C. ..
There is no parity in rejection of bail...
Presumption of innocence of accused is reinforced by an order of the acquittal. The appellate court could have interfered only for very substantial and compelling reasons. ..
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"falsus in uno falsus in omnibus" has no application in India. Relationship is not a factor to affect credibility of a witness. It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent ..
S. 311 is a general section which applies to all proceedings, enquiries and trials under the Code and empowers the Magistrate to issue summons to any witness at any stage of such proceedings, trial or enquiry. In Section 311 the significant..
If a witness called by the court gives evidence against the complainant, he should be allowed an opportunity to cross-examine. The right to cross-examine a witness who is called by a court arises not under the provisions of Section 311, but under the..
When the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalt..
It is trite that where the eyewitnesses' account is found credible and trustworthy, medical opinion pointing to alternative possibilities is not accepted as conclusive. Witnesses, as Bentham said, are the eyes and ears of justice. Hence the importa..
The explanation to Section 113-A further clarifies that cruelty shall have the same meaning as in Section 498-A of the IPC. Under Section 113-A of the Evidence Act, the prosecution has first to establish that the woman concerned committed suicide wi..
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