Evidence Act
Fundamental right to privacy includes spousal privacy; Evidence obtained through violation is inadmissible: Madras High Court
“Trust forms the bedrock of matrimonial relationships. The spouses must have implicit and total faith and confidence in each other. Snooping on the other destroys the fabric of marital life. One cannot pry on the other.”
Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court
The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.
Beyond Borders: Transnational Effect of PMLA on Offences Committed Abroad
by Juvraj Singh Bindra* and Bhawna Lakhina**
In Conversation with Malak Bhatt: Exploring the Dynamics of White-Collar Crime and Insolvency Law
Interviewed by Zoya Ahmad
CASES REPORTED IN HCC | Case Laws on Unfair Labour Practice; Setting Aside Foreign Award; Validity of Will; GST Cancellation; and more
An update on new additions of case laws to SCC’s High Court Cases volume.
NRJ Series| Evidence of related eyewitness can be accepted without corroboration [(1953) 2 SCC 604]
This report covers the Supreme Court’s Never Reported Judgment, on related eyewitness, dating back to the year 1953.
[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court
“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”
Paradigm Shift in India’s Criminal Justice System: Dissecting Bharatiya Sakshya Adhiniyam, 2023
The BSA represents a landmark moment in India’s legal landscape, signalling a shift towards modernization and the digital era. It replaces archaic terminologies, expands the admissibility of evidence, and embraces technology.
2024 SCC Vol. 2 Part 4
M.P. Municipal Corporation Act, 1956 (23 of 1956) — S. 132(6)(l) — Tax on advertisement: Law clarified on requisites for levy of
2024 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — S. 34: Objections to the award: Law summarised relating to Court’s power to review awards under
2024 SCC Vol. 2 Part 1
Evidence Act, 1872 — Ss. 135 to 139, 154, 155 & 120 r/w Or. 14 R. 21, Or. 16 Rr. 14 &
[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC
‘Section 106 of Evidence Act never relieves the prosecution from establishing prima facie guilt of the accused beyond all reasonable doubt, only when the same is established, the burden would shift to the accused.’
Gauhati HC upholds judgment by Foreigners Tribunal declaring a woman to be a foreigner who entered India illegally
Gauhati HC opined that the petitioner failed to discharge her burden to prove the contents of her evidence so as to establish her Indian citizenship.
Key Highlights of the three new criminal laws introduced in 2023
The President gave assent on 25-12-2023 to the new criminal laws.
Centre’s new Bills to overhaul Indian Criminal Justice system withdrawn; To be reintroduced after incorporating suggestions of Committee
The decision came in light of the Parliamentary Committee’s recommendations to amend the bills with some major changes relating to adultery, Section 377, etc.