The Judge allowed this appeal and stated that the if any map or plan is made for the purpose of any cause, the said map or plan will have to be proved to be accurate. The onus of proving such map as accurate lies on the party who wants to rely on the..
The apex court after persuing the records and citing a number of judicial rulings said that the actions of Suman amounted to mental cruelty and the husband was entitled to a decree of divorce. However, since Sudheer married another woman during the p..
Stating that, “a confession must either admit in terms the offence or at any rate substantially all the facts which constitute the offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is not in itself a confes..
The Trial Court on the examination of the evidence and materials on record held that the circumstantial evidence surrounding the commission of the offence clearly connected the accused persons with the offence and it further ordered conviction under ..
The court held that in terms of the provision under Section 43 of the Evidence Act, the judgment in a criminal case shall be admissible provided it is a relevant fact in issue, and its admissibility otherwise is limited. It was held that a civil proc..
In this case, the Supreme Court held that civil proceedings as well as criminal proceedings are required to be decided on the evidence, which may be brought on record by the parties...
The court held that under the principle laid down under section 40 of the evidence act would only be applicable if the suit is found to be barred by the principle of res judicata or by reason of the provisions of any other statute and it does not lay..
Where a sale deed for its immovable property executed by a company in favour of the wives of the directors of the company, is contended to be bogus and collusive, theCourt will be justified in piercing the veil of incorporation to ascertain the true ..
Concerning the question of burden of proof, the Court observed that the Respondents furnished only an affidavit and no other evidence was adduced to support their contentionthat they worked for 240 days in the year preceding the termination, as per S..
The bench was of the view that the prosecution has miserably failed to prove, beyond reasonable doubt, the charge of conspiracy against these appellants with the aid of Section 120-B of IPC. As a result, the appeals were allowed and the impugned judg..
If a decree for judicial separation has been passed, in favour of the husband on the basis of a finding recorded as against a wife under Section 10(1)(f) of the the Hindu Marriage Act, the wife will not be entitled to claim any maintenance under Sect..
In view of the credible and cogent evidence of PW1 and the dying declaration, we find no merit in the present appeal which deserves dismissal, which we direct...
Upon hearing the parties to the case, the Court held that the accused was guilty of the offence under Section 302 IPC. However, the capital punishment awarded by the Sessions Court was set aside and life imprisonment was awarded. The Court further ..
The Court was satisfied with the series of circumstantial evidences and held that the extra judicial confession made by the appellant was proved beyond doubt by the prosecution. The oral statement made by the accused was admissible under Section 17 ..
It was also observed that, even though it has been argued by the Appellant that he was not present at the time of the incident, no plea has been raised and no evidence has been furnished by him support his alibi. The burden of proof to prove his plea..
Hearing the parties to the case the Court held that, the villagers have acquired a customary right to carry on creamation activities in the disputed land. Therefore, the building works commenced in the disputed land must be stopped and removed compl..
Upon verifying the documents submitted by either party to the case, the Court held that, the plaintiff was earning about Rs. 20,000 per acre approximately per annum. Therefore Rs. 1,20,000 is to be paid as damages by the respondents to the plaintiff ..
In a fresh development, the Supreme Court just recently on June 18, 2020 in a latest, landmark and extremely laudable judgment titled Surendra Kumar Bhilawe vs The New India Assurance Company Limited in Civil Appeal No. 2632 of 2020 (Arising out of S..
After hearing the views of the parties, the honourable city civil judge (the trial court) dismissed the petition for divorce by mutual agreement. In an appeal filed by the husband, a learned single judge of the Gujarat High Court, examined all releva..
Section 125 CrPC, is a measure of social justice and has been specifically adopted to protect women and children falls within the constitutional sweep of Article 15(3) reinforced by Article 39...
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