Facts of the Case An incorporated company, being a juristic person, is accused of committing a statutory or criminal offence under Indian law. The offence […]
Tag: supreme court rulings
X and Y were recognized by all persons as Husband and Wife and their daughters are married, as in case of legitimate children. Whether marriage is valid or examination of family members necessary?
Facts of the Case Issues in the Case Legal Principles Covered to Support Case Proceedings and Judgments A. Section 114, Indian Evidence Act — Presumption […]
‘A’ made a Statement to ‘B’ that he was the owner of the property. ‘B’ believed it and purchased the property. In fact, ‘A’ was not the owner at the time of sale but subsequently he became the owner. ‘A’ files a suit to set aside the sale on the ground that, at the time of the sate, he had no title. Can he succeed? Decide.
Facts of the Case Issues in the Case Legal Principles Supporting the Case Proceedings A. Section 115 – Estoppel (Indian Evidence Act, 1872) This section […]
‘A’ is accused for murder of B. C and D are eye witnesses. Police officer did not conduct Test of Identification Parade. At the time of trial Eye Witnesses identified the accused person. Whether it is admissible.
Facts of the Case ‘A’ is accused of the murder of ‘B’. The prosecution has relied on two eye witnesses, C and D, who allegedly […]
A prostitute was murdered while she was asleep at her home by slitting the throat with a razor She was taken to hospital where her mother, surgeon and Magistrate put questions to her about the identity of the accused. She was unable to speak because of the injury to the throat but was in a position to respond by signs or gestures of her hand. She made a negative sign when some names were mentioned, but made a positive sign when the name of accused was mentioned. Later she died. Discuss the evidentiary value of the signs and gestures made by her.
Facts of the Case A woman, who was a prostitute by profession, was attacked in her house while she was asleep. Her throat was slit […]
Importance of Dying Declaration in the Law of Evidence In criminal jurisprudence, especially in cases of homicide, dowry death, and grievous assault, the statement made […]
Define the term ‘Dying Declaration’. Explain the Procedure of Recording of Dying Declaration.
In the law of evidence, a dying declaration occupies a very special position. Ordinarily, statements made by a person who is not examined as a […]
Extra Judicial Confession
Meaning and Legal Basis An extra-judicial confession is a statement made by an accused outside the court and not before a Magistrate, admitting guilt in […]