Tag: Evidence Law

Supreme Court : Wife as Attesting Witness Does Not Invalidate a Will
9Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Wife as Attesting Witness Does Not Invalidate a Will

The Supreme Court held that the High Court erred in framing an additional substantial question of law under Section 100(5) CPC without foundational pleadings, issues, or recorded reasons. A will, once duly executed and proved, must be given effect to, and succession cannot be reopened on a new legal case at the second appeal stage. The testamentary disposition was upheld. Facts Of The Case: The case concerns a dispute over the estate of C.R. Pius and Philomina Pius. The couple executed a registered joint will in 2003, bequeathing their properties to their son, C.P. Francis (the Appellant), subject to the condition that he pay specific monetary sums to his siblings. After the parents' deaths, the other children (Respondents) filed a suit for partition, claiming their parents died intestat...
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Supreme Court Explains When It Can’t Be Trusted :Dying Declaration Sole Basis for Conviction?
7Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains When It Can’t Be Trusted :Dying Declaration Sole Basis for Conviction?

This Supreme Court judgment underscores the indispensable procedural safeguards for a fair trial, particularly the right to effective legal representation. It reiterates that a conviction based solely on a dying declaration requires the court to be fully satisfied of its voluntariness, truthfulness, and that the deceased was in a fit state of mind. The ruling emphasizes that such a declaration cannot form the basis for conviction if it suffers from grave infirmities, such as the lack of a fitness certification from an identified doctor and the recording officer's failure to note his own satisfaction regarding the declarant's condition. Facts Of The Case: On March 31, 2012, Munish Kumar and his brother Amit were returning to their village by car when they were intercepted by two other veh...
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Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

The Supreme Court acquitted the appellant of charges under Section 498-A IPC. It held that the conviction, based solely on uncorroborated testimony of interested witnesses, was unsustainable. The Court emphasized that cruelty under Section 498-A must be proven by continuous or persistent conduct likely to drive a woman to suicide, which was not established by the prosecution evidence. Facts Of The Case: The case originated from the death of Chandra Devi, who was found deceased in her matrimonial home on June 15, 2001. Her father, Dharmanand Joshi (PW-1), filed a complaint the next day, alleging that his daughter had committed suicide by hanging. He reported seeing wounds on her body and expressed suspicion about her death, stating that the deceased had previously told him her mother-in-l...
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Supreme Court Landmark Ruling: Additional Evidence in Appeals Must Align with Pleadings
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Additional Evidence in Appeals Must Align with Pleadings

The Supreme Court held that an appellate court must examine the pleadings of the party seeking to lead additional evidence under Order XLI Rule 27(1) CPC. Permission to adduce such evidence cannot be granted unless the case sought to be established is already pleaded. The matter was remanded for reconsideration on this legal principle. Facts Of The Case: The plaintiffs, Iqbal Ahmed and another, filed a suit for specific performance of an agreement to sell dated 20.02.1995 against the defendant, Abdul Shukoor. The plaintiffs claimed they had agreed to purchase the defendant's house property for ₹10,67,000, having paid ₹5,00,000 as advance. They pleaded that they had sold their own immovable properties to arrange the funds for this purchase and were always ready and willing to perform thei...
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Supreme Court’s Balancing Act in UAPA Bail Appeals :Trial Delay vs. Terror Charges
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Balancing Act in UAPA Bail Appeals :Trial Delay vs. Terror Charges

The Supreme Court, while dismissing appeals against bail grant and refusal under the UAPA, emphasized the prima facie test for bail under the stringent Act. It declined to interfere with the High Court's reasoned analysis of the chargesheet evidence, distinguishing the roles of the accused. The Court underscored the right to a speedy trial, directing the conclusion of proceedings within two years due to the accused's prolonged incarceration. Facts Of The Case: The case originated from an FIR registered in January 2020 against 17 individuals, including Saleem Khan (Accused No. 11) and Mohd. Zaid (Accused No. 20), for alleged conspiracy under the IPC and various offences under the UAPA and Arms Act. The allegations involved connections with terrorist activities and organisations. The inves...
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Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions

The Supreme Court acquitted the accused, holding that the prosecution failed to prove guilt beyond reasonable doubt. The conviction, based on extra-judicial confession and circumstantial evidence, was unsustainable as the confessions were unreliable and the circumstantial chain was incomplete, violating the principles established in Sharad Birdhichand Sarda. The benefit of doubt was accorded to the appellant. Facts Of The Case: Neelam Kumari, the appellant, was convicted under Section 302 of the Indian Penal Code for the murder of her infant son. The prosecution's case was that on December 8, 2006, after returning with her husband, Nikku Ram, from his ancestral village, she was left alone with the child at their home in village Nand. When Nikku Ram returned later that evening, both the a...
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Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

The Supreme Court acquitted the accused, ruling that the mere recovery of tainted money is not conclusive proof of guilt under the Prevention of Corruption Act. The prosecution failed to prove the crucial element of demand beyond a reasonable doubt. The accused's plausible explanation under Section 313 CrPC was entitled to the benefit of doubt. Facts Of The Case: The case involved an appeal against the conviction of a Lower Division Clerk at the Passport Office, Thiruvananthapuram, under the Prevention of Corruption Act, 1988. The prosecution's case was that the accused demanded an additional ₹500 as a bribe from the complainant to expedite his passport application. After negotiation, an initial gratification of ₹200 was to be paid along with the official ₹1000 fee. The Cen...
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Supreme Court Acquits Village Assistant: Merely Accepting Bribe Isn’t Enough
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Village Assistant: Merely Accepting Bribe Isn’t Enough

The Supreme Court upheld the conviction of the main accused under Sections 7 and 13 of the Prevention of Corruption Act, 1988, as demand and acceptance of illegal gratification were proven. However, the conviction of the co-accused was set aside due to the absence of a specific charge of abetment and lack of evidence proving his connivance or independent demand for the bribe. Facts Of The Case: The case involved two government officials, A. Karunanithi (A-1), the Village Administrative Officer, and P. Karunanithi (A-2), the Village Assistant. The complainant approached A-1 to obtain a necessary community certificate for a government job. On two separate occasions, A-1 demanded a bribe of Rs. 500 from the complainant to process the application. The complainant subsequently lodged a formal...
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Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration

The Supreme Court held that a High Court, in its revisional jurisdiction, cannot re-appreciate evidence to overturn an acquittal. It can only correct glaring errors. Finding no such error and that the dying declaration did not establish the charges, the Court restored the Trial Court's order of acquittal. Facts Of The Case: The case originated from an incident on June 14, 2005, in which a woman sustained fatal burn injuries in a fire at her marital home. Her husband (Appellant 1) and another accused (Appellant 2) were charged under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code. The prosecution alleged that the appellants harassed the deceased and that the fire was a result of a deliberate act. The core of the prosecution's case was a dying declara...
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Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal

The Supreme Court reaffirmed that a plea of title by adverse possession cannot be raised for the first time at the appellate stage if it was not specifically pleaded in the plaint, framed as an issue, and proven during trial. Such a surprise claim prejudices the opposite party and is impermissible as a decision must be based on the case pleaded. Facts Of The Case: The case originated from a title suit filed in 1999 by the plaintiffs (Kishundeo Rout & Ors.) against the defendants (Govind Rao & Ors.). The plaintiffs sought a declaration that a 1997 sale deed executed by the original plaintiff, Sudama Devi, in favour of the defendants was bogus, inoperative, and fit for cancellation. They also prayed for confirmation of their possession and a permanent injunction again...
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