Search Results for "Evidence Act"

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Supreme Court

Supreme Court Allows Appeals and Restores Acquittal in Murder Case Due to Doubtful Dying Declaration and Improper Appellate Review. The Court held that a dying declaration cannot be the sole basis for conviction if shrouded with doubtful circumstances, and the High Court failed to give cogent reasons while reversing acquittal under Section 378 of the Code of Criminal Procedure, 1973.

7 May 2021

The dispute involved criminal appeals against a High Court judgment that reversed the trial court's acquittal and convicted the appellants for murder ...

Supreme Court

Supreme Court Decides Teacher Recruitment Dispute Involving Termination and Natural Justice. Case Involves SEBC (Women) Category Appointment Under 1996 Resolution and Tribunal Orders on Reinstatement.

28 Apr 2021

The dispute arose from the recruitment of primary school teachers in Odisha under a 1996 resolution. Respondent No. 1, Kamalini Khilar, was appointed ...

Supreme Court

Supreme Court Issues Guidelines in Suo Motu Proceeding to Standardize Criminal Trial Practices. The Court directed uniform rules for documentation and evidence presentation, and modified draft rules to ensure disclosure of exculpatory materials to accused under Sections 207/208 of the Code of Criminal Procedure, 1973.

20 Apr 2021

The Supreme Court of India initiated a suo motu writ proceeding under Article 32 of the Constitution to address widespread inadequacies and deficienci...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Lack of Credible Conspiracy Proof. Conviction Under Sections 302/34 and 120B IPC Set Aside as Prosecution Failed to Establish Complete Chain of Evidence Excluding All Hypotheses of Innocence.

20 Apr 2021

The appeal arose from a murder case where a recently married woman, Kamla Rani, was shot and killed in 1993 while returning from her parental home on ...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Sets Aside Bail in Dowry Death Case Due to Lack of Judicial Reasoning. High Court's mechanical grant of bail without evaluating seriousness of allegations under Section 304-B IPC and Section 113-B Evidence Act was held impermissible, requiring reasoned orders in such serious offences.

5 Apr 2021

The appeal arose from a bail order dated 1 December 2020 passed by a Single Judge of the Allahabad High Court in Criminal Miscellaneous Bail Applicati...

Supreme Court

Supreme Court Dismisses Appeal Against Acquittal in Murder and Cruelty Case Due to Unreliable Dying Declaration. The Court upheld the acquittal of the accused under Sections 498A and 302/34 IPC, finding the dying declaration inconsistent and lacking proper certification of fitness of mind, and declined to interfere with concurrent findings under Article 136 of the Constitution of India.

25 Mar 2021

The dispute arose from a criminal appeal filed by the brother of the deceased challenging the acquittal of the deceased's sister-in-law and husband fo...

Supreme Court

Supreme Court Acquits Husband in Murder Case Due to Insufficient Evidence and Failure to Prove Homicidal Death. Conviction under Section 302 IPC Set Aside as Medical Evidence Was Inconsistent and Did Not Rule Out Suicide, Applying Principles of Circumstantial Evidence from Sharad Birdhichand Sarda v. State of Maharashtra.

2 Mar 2021

The appeal arose from a murder conviction under Section 302 of the Indian Penal Code, 1860, where the appellant, husband of the deceased, was accused ...

Supreme Court

Supreme Court Allows Appeal for Full Back Wages in Wrongful Termination Case — Chartered Accountant Reinstated with Back Wages. The Court held that where termination is found to be wrongful and based on victimisation, full back wages must be awarded, and the burden of proof regarding gainful employment lies initially on the employee to plead.

1 Jan 2021

The appellant, a qualified Chartered Accountant, was appointed as Manager (Finance) by Manganese Ore (India) Limited on 22.10.1997. He was later poste...

Supreme Court

Supreme Court Upholds International Arbitral Award in Coal Supply Dispute — Damages Awarded for Breach of Contract. Division Bench of Delhi High Court Erred in Setting Aside Majority Award Under Section 37 of Arbitration and Conciliation Act, 1996 as Findings Were Plausible and Not Perverse.

17 Dec 2020

The Supreme Court of India heard an appeal against a Division Bench judgment of the Delhi High Court that had set aside a majority international arbit...

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