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Bench comprising of Justice Abhay S. Oka and Justice Ujjal Bhuyan Introduction The Supreme Court clarified the evidentiary value of disclosure statements under Section 27 of the Indian Evidence Act (Now section 23 of BSA), stating that such statements, without supporting evidence, cannot solely be relied upon for convicting an accused. The Court acquitted the appellant, who was convicted for murder, after examining the inadequacy of the prosecution's evidence. Facts of the Case The appellant, Vinobhai, allegedly stabbed the deceased, Ramakrishnan,....
Read MoreIntroduction: The case deals with the issue of adverse possession and the rights of citizens over their property via the State. The Court clarified that the State cannot claim adverse possession against its own citizens, reinforcing the importance of respecting private property rights in a democratic system governed by the rule of law. Facts: Amin Lal and Ashok Kumar filed a civil suit in 1981, claiming ownership of 18 Biswas Pukhta land near National Highway 10, Bahadurgarh, Haryana, alleging unauthorized....
Read MoreA Bench comprising of Justice JB Pardiwala and Justice R Mahadevan Introduction: The Supreme Court, in its decision addressed the issue of whether a pendente lite transferee (someone who acquires property during the pendency of a suit) has an automatic right to be impleaded in a suit. The Court ruled that a transferee pendente lite has no inherent right to be impleaded as a party to the suit and can only be allowed to do so in exceptional cases where their....
Read MoreA Bench comprising of Justice Abhay S. Oka and Justice Ujjal Bhuyan Introduction: The case raises important questions regarding the legality and implications of an ex parte stay granted by the Delhi High Court on an order discharging an accused in a murder case. Facts: Sudershan Singh Wazir, a Sikh leader and former President of the Jammu and Kashmir State Gurdwara Parbandhak Board, was accused of being involved in the 2021 murder of former National Conference MLC Trilochan Singh Wazir. On....
Read MoreA Bench comprising of Justices B.R. Gavai, Prashant Kumar Mishra and K.V. Viswanathan Introduction: The Supreme Court of India set aside the Bombay High Court's judgment which had upheld the conviction and death sentence of the appellant for the rape and murder of a 23-year-old woman in 2014. The appellant was acquitted due to the failure of the prosecution to establish guilt beyond a reasonable doubt, particularly relying on circumstantial evidence. Facts: In 2014, the body of a 23-year-old woman was....
Read MoreBench comprising of Justices Surya Kant and Ujjal Bhuyan Introduction: The Supreme Court of India, in a judgment dealt with the issue of legitimacy and paternity in the context of Section 112 of the Indian Evidence Act, 1872 (Now Section 116 of the Bharatiya Sakshya Adhiniyam,2023). The Court reaffirmed that legitimacy, once established, directly leads to the presumption of paternity, and emphasized the legal principle that the legitimacy of a child born during a valid marriage automatically establishes the paternity of....
Read MoreBench comprising of Justices BR Gavai and AG Masih Introduction: The Supreme Court dealt with the critical issue of the failure to conduct a Test Identification Parade (TIP) in a kidnapping case. The Court considered the validity of a witness identifying the accused after a significant delay and emphasized the importance of TIP in ensuring the fairness and reliability of the identification process. Facts: The appellant, Venkatesha, was accused of kidnapping a girl, allegedly under Section 366 of the Indian Penal....
Read MoreIntroduction: The Supreme Court in this case summarized the factors to be considered when determining the term of punishment a convict must undergo before remission can be sought in murder cases. This decision aimed to address the complex issue of sentencing, considering both aggravating and mitigating factors Article 21: Right to life and personal liberty, ensuring fair sentencing. Section 433A, CrPC(Section 475 of BNSS): Requires convicts to serve at least 14 years before seeking remission. Section 302, IPC (Section 103(1)....
Read MoreIntroduction: The case revolves around the tragic death of Renuka, who was married to Rajesh Jagan Karote. The prosecution alleged that Renuka was subjected to physical and mental harassment by her husband and his relatives, including the appellant, Yashodeep Vadode, due to dowry demands. Following Renuka's suspicious death in April 2011, the appellant was charged under various provisions of the Indian Penal Code (IPC), including dowry harassment, dowry death, abetment of suicide, and criminal breach of trust. The appellant was....
Read MoreIntroduction: This case involves an appeal before the Supreme Court regarding the conviction of Sonu Chaudhary under Sections 324 (voluntarily causing hurt) and 452 (house-trespass after preparation for hurt) of the Indian Penal Code (IPC). The Supreme Court evaluated the findings of the lower courts and decided to uphold the conviction under Section 324 while setting aside the conviction under Section 452. Facts: The incident occurred at Baithak Restaurant in Delhi, where Rajat Dhyani (PW-1) was the complainant and the....
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