About 1557 results

RAJVEER
RAJVEER SINGH 13 Aug 2024

Exclusion Clauses In Insurance Contracts To Be Construed Strictly & Against Insurer
In a recent ruling, the Supreme Court reiterated that the burden of proving applicability of exclusionary clauses in insurance contracts is on the insurer and such clauses must be interpreted strictly against the insurer, as they may completely exempt the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Court Has To Strike Balance Between Testimony Of Injured Witness & Interested Witness
The Supreme Court on Monday (March 18) overturned the conviction of the accused while observing that conviction cannot be sustained based on the testimony of the 'injured witness' who happens to be an 'interested witness' in the outcome of the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Impermissible For High Court To Interfere With Acquittal Unless Trial Court's View Is Perverse Or Impossible
The Supreme Court on Tuesday (April 2) reiterated that in the event of the possibility of two views, if the trial court acquits the accused, then it would not be permissible for the High Court to interfere with the trial…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful
The Supreme Court on Monday (March 11) observed that the offence of sexual harassment committed within the confines of a room or a house (under the POCSO Act) requires closer scrutiny by the courts while deciding the conviction of the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Income Tax Orders Not Conclusive Proof For Discharge In Case Under Prevention Of Corruption Act
The Supreme Court on March 19, in a recent judgment held that exoneration in Income Tax proceedings by itself would not become a valid ground for the discharge of an accused under the provisions of The Prevention Of Corruption Act,…

RAJVEER
RAJVEER SINGH 13 Aug 2024

To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It
To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases
The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. The Judgment was handed down by a three-judge Bench of Justices B.R Gavai, K.V Vishwanathan and Sandeep…

RAJVEER
RAJVEER SINGH 13 Aug 2024

If Trial Court's Acquittal Is A Plausible View, Then High Court Shouldn't Convict Accused By Reappreciating Evidence
The Supreme Court observed that if the appellate court, while appreciating the evidence in an appeal against acquittal, finds that two views are plausible, then the view favoring the innocence of an accused must be takenSetting aside the impugned findings…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal
Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled
In a recent judgment, the Supreme Court held that the statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out…
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