Tag Archives: witness

Lower courts are best authority to check competence of child witness: DHC

The Delhi High Court recently clarified that the lower courts are the best authority to arrive at an impression regarding the competence of the child witness to testify and sentenced accused to fifteen (15) years of rigorous imprisonment for committing … Continue reading

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Transfer of possession not essential under a gift: SC

A Large Bench of the Supreme Court of India clarified that the ‘transfer of possession’ of immovable property under a gift is not an essential prerequisite under Transfer of Property Act (“Act”) and does not affect the validity of a … Continue reading

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Certain facts to be explained by accused: SC

The Supreme Court of India reiterated that there are certain facts that can be known only to the accused and burden is on the accused to explain those facts even though it is well settled that the burden of proving … Continue reading

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Supreme Court formulates guidelines restricted to proceedings under the NDPS Act

Gaining a first-hand account about the state of trials in Narcotics Drugs and Psychotropic Substances Act (“NDPS”) cases pending in all the States where the undertrial has been incarcerated for a period exceeding five, the Supreme Court of India formulated … Continue reading

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Confessional statements in one case are not an admissible evidence through the statements of the persons to whom the confessions were made in another case: SC

The Supreme Court of India ruled that the confessional statements made by the accused in a case related to all the bomb blasts in Mumbai since 2005 (case 1) is not an admissible evidence through the statements of the persons … Continue reading

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Supreme Court clarifies principles regarding multiple variable dying declarations

In an important ruling, the Supreme Court of India clarified the principles that should guide the court as to which of the dying declaration should be taken into consideration in a case of multiple variable dying declarations. The Court said … Continue reading

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