Online Legal Help | Legal Advice | Supreme Court Judgements

DEC

Blog title

Posted: December 6, 2014By: AdminCategory: HTML/CSSComment: 20

In the past few weeks, we’ve released our 20th theme Hoarder, reached $1 million in sales and 27,000 units sold over at ThemeForest, and notched our free plugin count up to 4. Not to mention all the awesome works in progress. Phew! It’s a busy and exciting time for both our team and our customers.

Perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto. Beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur.

Veritatis et quasi architecto.

Perspiciatis unde omnis iste natus error sit.

Voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto. Beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur

Judgements

Behaviour of witnesses (2018-04-09)

Evidence Act, 1972 – Appreciation of Evidence – Behaviour of witnesses – Held: the reactions of these witnesses in running away from the site of occurrence appears to be a natural... Read More

Evidence Act, 1972 – Appreciation of Evidence – Behaviour of witnesses – Held: the reactions of these witnesses in running away from the site of occurrence appears to be a natural human reaction under the facts and circumstances of the case. Behaviour of the witnesses or their reactions would differ from situation to situation and individual to individual. Expecting uniformity in their reactions would be unrealistic, and no hard and fast rule can be laid down as to the uniformity of the human reaction. The evidence of the three eyewitnesses cannot be faulted merely because they ran away;

Maxim -- Falsus In Uno, Falsus In Omnibus -- (false in one thing, false in everything) is not being used in India. Virtually, it is not applicable to the Indian scenario. Hence, the said maxim is treated as neither a sound rule of law nor a rule of practice in India. Hardly, one comes across a witness whose evidence does not contain a grain of untruth or at any rate exaggerations, embroideries or embellishments. It is the duty of the Court to scrutinise the evidence carefully and, in terms of felicitous metaphor, separate the grain from the chaff. But, it cannot obviously disbelieve the substratum of the prosecution case or the material parts of the evidence and reconstruct a story of its own out of the rest. Efforts should be made to find the truth. This is the very object for which Courts are created. To search it out, the Court has to disperse the suspicious cloud and dust out the smear of dust, as all these things clog the very truth. So long as chaff, cloud and dust remain, the criminals are clothed with this protective layer to receive the benefit of doubt. So, it is a solemn duty of the Courts, not to merely conclude and leave the case the moment suspicions are created. It is the onerous duty of the Court, within permissible limits to find out the truth. It means, on one hand that no innocent man should be punished, but on the other hand to see no person committing an offence should go scot free. If in spite of such effort suspicion is not dissolved, it remains writ at large, benefit of doubt has to be credited to the accused. The evidence is to be considered from the point of view of trustworthiness and once the same stands satisfied, it ought to inspire confidence in the mind of the Court to accept the evidence.

Limitation to file claim for due maintenance (2005-05-06)

Limitation to file claim for due maintenance – Considering the peculiar circumstances of the case the Court held that the bar under Section 125(3) cannot be applied

Recognition of third gender (2014-04-15)

Constitution of India; Art. 14 and 21 -- Recognition of third gender – Held: the Court upheld transgender persons’ right to self-identify their gender. The Constitution requires equal... Read More

Admissibility of certified copy of public document in evidence (2011-10-21)

Evidence Act, 1872; S. 74 – Admissibility of certified copy of public document in evidence -- Certified copy of the public document prepared under Section 76 of the Act is admissible in... Read More

Constitution of India -------- Right to die (2018-03-09)

Constitution of India -------- Right to die ----- Held: (a) The right to die with dignity as fundamental right has already been declared by the Constitution Bench judgment of this Court in Gian Kaur... Read More

Evidence Act - Electronic record (2014-09-18)

Evidence Act, 1872; S. 65B (2) – Electronic record -- Specified conditions --
(i) The electronic record containing the information should have been produced by the computer during the period over which the same was regularly used to
store or process information for the purpose of any activity regularly carried on over that period by the person having lawful control over the use of that computer;
(ii) The information of the kind contained in electronic record or of the kind from which the information is derived was regularly fed into the computer in the ordinary course of the said activity;
(iii) During the material part of the said period, the computer was operating properly and that even if it was not operating properly for some time, the break or breaks had not affected either the record or the accuracy of its contents; and (iv) The information contained in the record should be a reproduction or derivation from the information fed into the computer in the ordinary course of the said activity.;

Evidence Act, 1872; S. 65B (4) – Electronic record -- Conditions to be fulfilled --
(a) There must be a certificate which identifies the electronic record containing the statement;
(b) The certificate must describe the manner in which the electronic record was produced;
(c) The certificate must furnish the particulars of the device involved in the production of that record;
(d) The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act; and
(e) The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.

Evidence Act, 1872; S. 65B (4) – Electronic record – Certificate -- The person issuing certificate needed only to state in the certificate that the same is to the best of his knowledge and belief -- Such a certificate must accompany the electronic record like computer printout, Compact Disc (CD), Video Compact Disc (VCD), pen drive, etc., pertaining to which a statement is sought to be given in evidence, when the same is produced in evidence.

Evidence Act, 1872; S. 65B (4) – Electronic record -- If an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.

Territorial Jurisdiction to file case for maintenance (2017-02-15)

Code of Criminal Procedure, S. 125, 126; ------- Territorial Jurisdiction to file case for maintenance ------- Regarding the place of institution and adjudication of the maintenance proceeding, it is... Read More

Complainant and accused both are working in Government College (2014-11-13)

Negotiable Instruments Act, 1881; S.138 ---- Complainant and accused both are working in Government College ----- Both are governed by the Government Servants’ Conduct Rules which prescribes... Read More

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Indian Succession Act, 1925; Ss. 281, 282 -- Whether execution of will in English can be doubted on ground that testator was not knowing English language ----- Held: The lack of knowledge of English... Read More

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked ------ Held: the allottee cannot be expected to wait for possession of the... Read More

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

WHAT WE OFFER

LawOfficeOnline.in Offers an Open market place for Online Legal help, Legal Advice, Free Lawyer Consultation through out the country. People seeking Legal help can hire a lawyer, Send a Legal notice, Reviewing property documents & Legal documents online through Law Office Online. For any query please feel free to contact us.

LAWOFFICEONLINE

LAW OFFICE ONLINE

Welcome Back

Create Account

Judgements

Behaviour of witnesses (2018-04-09)

Limitation to file claim for due maintenance (2005-05-06)

Recognition of third gender (2014-04-15)

Admissibility of certified copy of public document in evidence (2011-10-21)

Constitution of India -------- Right to die (2018-03-09)

Evidence Act - Electronic record (2014-09-18)

Territorial Jurisdiction to file case for maintenance (2017-02-15)

Complainant and accused both are working in Government College (2014-11-13)

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

MEET OUR LAWYERS

Ashutosh Patel

S Kamran Ahmad

LINGAM SANTHARAM MANIKANDAN

Rahul Ranjan

Tanmoy Pacchal

Suraj Gopal Parui

Sundarampillai Mariadoss Edward Stanley

Prithwish Ganguli

Jagan Iyengar

Saidulla Yasin Pathan

STATISTICS

Top Tag
Divorce

QUESTIONS

ANSWERS

Top Category
Family Law

WHAT WE OFFER

GET IN TOUCH

Judgements

Behaviour of witnesses (2018-04-09)

Limitation to file claim for due maintenance (2005-05-06)

Recognition of third gender (2014-04-15)

Admissibility of certified copy of public document in evidence (2011-10-21)

Constitution of India -------- Right to die (2018-03-09)

Evidence Act - Electronic record (2014-09-18)

Territorial Jurisdiction to file case for maintenance (2017-02-15)

Complainant and accused both are working in Government College (2014-11-13)

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law