Want to be a
Soolegal Member
About 1554 results
RAJVEER

Prosecution Can't Seek To Prove In Trial A Fact Which Witness Hasn't Told Police During Investigation

RAJVEER SINGH  |  13 Aug 2024
Prosecution Can't Seek To Prove In Trial A Fact Which Witness Hasn't Told Police During Investigation

The Supreme Court, while allowing the criminal appeal of the accused-appellant, observed that during a trial, the prosecution could not seek to prove a fact that the witness has not stated in his/her statement under Section 161 (Examination of witnesses…

0 Likes  |  0 Comment  |  1483 Views  |  0 Favorites
RAJVEER

Accused Doesn't Lose A Defence Merely Because That Plea Wasn't Taken In S.313 CrPC Statment

RAJVEER SINGH  |  13 Aug 2024
Accused Doesn't Lose A Defence Merely Because That Plea Wasn't Taken In S.313 CrPC Statment

The Supreme Court, in its recent judgment (on January 04), reiterated the well-established law that the statement recorded under Section 313 (Power to examine the accused) of the Code Of Criminal Procedure, 1973, cannot form the sole basis of conviction.The…

0 Likes  |  1 Comment  |  1823 Views  |  0 Favorites
RAJVEER

Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record

RAJVEER SINGH  |  13 Aug 2024
Extra-Judicial Confession Can't Be Strong Evidence If Not Supported by Other Evidence On Record

The Supreme Court on Tuesday (February 20) observed that when the case of the prosecution is entirely based on the extra-judicial confession being circumstantial in nature then the accused cannot be convicted for the offence unless the chain of circumstances…

0 Likes  |  0 Comment  |  931 Views  |  0 Favorites
RAJVEER

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile

RAJVEER SINGH  |  13 Aug 2024
Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile

The Supreme Court on Wednesday (May 08) held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him.Affirming the decision of the High Court and…

0 Likes  |  0 Comment  |  1928 Views  |  0 Favorites
RAJVEER

If There Are Lapses By Prosecutors, Trial Judges Should Play Active Role In Evidence Process

RAJVEER SINGH  |  13 Aug 2024
If There Are Lapses By Prosecutors, Trial Judges Should Play Active Role In Evidence Process

The Supreme Court said that trial judges should take a proactive role instead of acting as "mere tape recorders" recording witness statements. If there is any lapse by the prosecutor, then the judge should intervene and ask necessary questions to…

0 Likes  |  0 Comment  |  402 Views  |  0 Favorites
RAJVEER

Easement By Necessity Not Available When There Is Alternative Way To Access Property

RAJVEER SINGH  |  13 Aug 2024
Easement By Necessity Not Available When There Is Alternative Way To Access Property

Supreme Court observed that the claimant of an easementary right wouldn't be entitled to claim the 'easementary right by necessity' for enjoying the 'Dominant Heritage' (the property owned by the claimant) when there exists an alternative way to access the…

0 Likes  |  0 Comment  |  2314 Views  |  0 Favorites
RAJVEER

Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful

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…

0 Likes  |  0 Comment  |  363 Views  |  0 Favorites
RAJVEER

Exclusion Clauses In Insurance Contracts To Be Construed Strictly & Against Insurer

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…

0 Likes  |  0 Comment  |  471 Views  |  0 Favorites
RAJVEER

Court Has To Strike Balance Between Testimony Of Injured Witness & Interested Witness

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…

0 Likes  |  0 Comment  |  402 Views  |  0 Favorites
RAJVEER

Impermissible For High Court To Interfere With Acquittal Unless Trial Court's View Is Perverse Or Impossible

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…

0 Likes  |  1 Comment  |  350 Views  |  0 Favorites
Advanced Search
Event Type
Title
Content
Venue
Date
Author
Active Members view all

New Members view all