The Supreme Court examined the question on the admissibility of the three dying declarations of Smt. Uma Devi and observed that the principle on which the dying declarations are admitted in evidence is indicated in legal maxim – “Nemo moriturus praes..
The court held that there was no justification for the Authorities under the Rules to reject the school certificate and the medical certificate. There was not even an iota of evidence on the record to show that the appellant was minor on the date of ..
The court held that Ethyl Wong was a competent witness. Under Section 118 of the Indian Evidence Act all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them for reasons indi..
The Court held that the provisions of Section 126 to 129 of the Evidence Act (Professional Communications, privilege, etc.) would apply to a situation like this where in therefore, Annexure 3 cannot be excluded as a point of consideration by the Cour..
The court held that the burden of proof lies on the appellant Anil since all that was required of the him was to explain the unusual situation, namely, of the unnatural death of his wife in their room, but he made no attempt to do this. Under Section..
The court held that merely because an expert has tendered an opinion while also furnishing the basis of the opinion and that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody...
In the result, the appeal is allowed and the judgment and decree dated 29-7-1993 passed by the learned 1st Additional Judge, City Civil Court, Hyderabad, in O.S. No. 754 of 1983, are hereby set aside. In sequel thereto, the suit stands dismissed. The..
Dealing with the case, the Court said that in a Hindu society, it is a pious obligation of the son to maintain the parents...
The certified copy of the Hindu Marriage Register was adjudged as being a public document within the meaning of Sec.74 of the Evidence Act. The certified copies were also admissible as secondary evidence under Sec.65(e) and 65(f) of the evidence Act...
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..
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