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Others Judiciary

Rameshbhai Mohanbhai Koli & Ors V State Of Gujarat (2010) - Circumstantial Evidence & Blood Analysis

 01 March 2021

The Apex Court upheld the conviction of the accused and the appeal was set aside. The Court held that even though the witnesses had turned hostile, the evidence of murder weapon, blood stains and other materials were sufficient to prove the crime of ..

Posted in Others 1 comments |   1627 hits

Ram Singh & Ors v. Col ram Singh (1985) - Tape recorded statement as evidence

 01 March 2021

The Court held that the tape recorded statements were inadmissible in evidence and that such an evidence would not have any probative value to inspire any confidence. The appellants could not prove the guilt of the respondent beyond reasonable doubt ..

Posted in Others |   4457 hits

Deepti Anil Devasthali v. State of Maharashtra (2009) - DNA Test Evidence

 01 March 2021

The appellants were held to be not guilty for the offences punishable under Section 302 read with Section 120-B and Section 201 read with Section 120-B of the Indian Penal Code...

Posted in Others |   1588 hits

Selvi & Ors. v. State of Karnataka (2010) - Scientific Techniques like Narco Analysis vis-a-vis Article 21

 01 March 2021

The court held that the tests violated the accused person’s right against self-incrimination under Art.20 (3), and the right to life and personal liberty under Art. 21...

Posted in Others |   1428 hits

Nilesh Dinkar Paradkar v. State Of Maharashtra (2011) - Voice Identification

 01 March 2021

Whether voice identification can be deemed as admissible evidence as per the provisions of the Evidence Act...

Posted in Others |   1708 hits

T. Nagappa vs. Y.R. Muralidhar (2008) - Need for Opinion of Handwriting Expert

 26 February 2021

The court set aside the impugned judgment and allowed for the appeal to be filed by the appellant.          ..

Posted in Others |   1805 hits

Dell India Pvt Ltd v. The Joint Commissioner of Income Tax (2015) - Reopening of Assessment due to 'Change of Opinion'

 26 February 2021

In summary, it can be said that in this particular judgment, the Karnataka High Court made it clear that an already concluded assessment could not be reopened merely because of the ‘change of opinion’ of the Assessment Officer. It was clear from the ..

Posted in Others |   926 hits

Royal Orchid Associated Hotels Private Ltd. v. Kesho Lal Goyal (2020) - Extent of Arbitration Clause & Revocability of Agency

 25 February 2021

The judgment, basically deals with two aspects of law, one being the extent of the arbitration clause and the other being the revocability of agency. The court emphasized on the extent of section 202 and 221 of Indian contract act, and also interpret..

Posted in Others |   1107 hits

Avadut Waman Kushe v. State of Maharashtra (2016) - Subsequent Filing of Certificate u/s 65B(4) IEA

 25 February 2021

This judgement deals with the interpretation of section 65B(4) which lays down provision for certificate when a statement in evidence is to be given. The question before the Court was whether it is necessary to file a certificate at the time of produ..

Posted in Others |   917 hits

Anand Pasi vs. State Of U.P. & Another (2013) - Admissibility of DNA Evidence

 25 February 2021

It was held that the impugned order is unsustainable. Hence, the revision is allowed and the order by the Allahabad High Court dated 13.3.2013 is set aside...

Posted in Others |   996 hits

Surinder Nath Kesar vs Board Of School Education & Ors (2020) - Claim for Pension for Earlier Service

 25 February 2021

The following judgement deals the appeal which was filed against the judgment dated 21.05.2015 of High Court of Punjab & Haryana by which LPA No.1747 of 2014 filed by the appellant has been dismissed. The LPA was filed by the appellant challenging th..

Posted in Others |   998 hits

SC on the 'larger conspiracy' behind allegations on ex- CJI Gogoi 2021

 25 February 2021

On 18th February, the Supreme Court closed the suo-moto proceedings which were instituted to examine if there was a "larger conspiracy" behind the allegations of sexual harassment against the then Chief Justice of India Ranjan Gogoi...

Posted in Others |   575 hits

P Gopalakrishnan v. State of Kerala (2020) - Evidence u/s 65B IEA

 24 February 2021

The Court held that no merit was found in the criminal M.C. and was thus dismissed, considering the fact and circumstances of the case...

Posted in Others |   2827 hits

State of Odisha v. BanaBihari Mohapatra (2021) - Strong Suspicion cannot Take Place of Proof

 24 February 2021

To answer the both questions asked in the beginning, suspicion, no matter how strong, can not constitute as proof, unless the circumstantial evidence passes the test of principles, as provided by the Shanta Devi v. State of Rajasthan case. That is se..

Posted in Others |   2106 hits

Maharashtra State Board of Higher & Secondary Education v. KS Gandhi &Ors. (1991) - Tampering of Answersheets

 23 February 2021

The current case speaks in regard with the prevention of wasting an academic year in lieu with tampering of answer sheets and mark statements of 200+ candidates appearing in the examinations of Maharashtra State Board of Higher and Secondary Educatio..

Posted in Others |   1993 hits

Motilal Pesticides v. Commissioner of Income Tax, Delhi (2000) - Deductions u/s 80HH, 80U and 80C IT Act, 1961

 23 February 2021

The following judgment deals with the provisions of Sec. 80HH of Income Tax Act, 1961, in addition to the provisions of Sec. 80C to 80U of the act, which deal with the deductions made from gross income a company earns from the assessment year...

Posted in Others |   629 hits

K.M. Mahima v. State and Ors (2003) - DNA Evidence in Sexual Assault Case

 23 February 2021

The court directed the SHO of the concerned police station or any other responsible police officer to accompany the complainant and present her before the Medical Superintendent, AIIMS to get her pregnancy terminated where Board of two medical practi..

Posted in Others |   560 hits

Kotak Mahindra Bank Pvt. Ltd. v. Ambuj A. Kasliwal & Ors (2021) - Extent of Pre-deposit Before DRAT

 22 February 2021

In the following judgement, the Supreme Court of India is dealing with section 21 of Recovery of Debt and Bankruptcy Act which deals with deposit of amount of due debt for filing appeal before DRAT. The question before the court was of the extent to ..

Posted in Others |   1675 hits

Kashmira Devi vs. State of Uttarakhand (2020) - Dying Declaration in Dowry Death

 22 February 2021

Kashmira Devi vs. State of Uttarakhand. Is a case of cruelty and dowry death. The essence of a dying declaration is also clarified via this judgement by the learned high court and supreme court. The decision of the trial court to acquit the appellant..

Posted in Others 2 comments |   2787 hits

State v. Ashish Kumar (2021) - Allegations u/s147/148/149/365/326/153-A/302/395/120-B IPC

 19 February 2021

The following order deals withSections147/148/149/365/326/153­A/302//395/120­B under IPC.Section147 deals with punishment for rioting...

Posted in Others |   904 hits







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