Tag: indian evidence act
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The Question as a Weapon: How Suggestions Shape (or Misshape) Truth in a Criminal Trial
Cross-examination is not mere questioning—it is confrontation with purpose. The duty to “put one’s case” ensures fairness, prevents ambush, and tests truth itself. From…
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Statutory Presumption, Foundational Facts, and Quashing: A Legal Analysis (Guest Post)
This article explores the nuanced interplay between statutory presumptions, foundational facts, and the courts’ power to quash criminal proceedings. It analyzes how exceptions to…
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Supreme Court on Benami Transactions
Supreme Court on Benami Transactions Supreme Court of India Samittri Devi & Anr. vs Sampuran Singh & Anr. on 21 January, 2011 Author: Gokhale…
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Is criminal judgment binding on a civil case ?
Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving…
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Burden of Proving good faith of transactions hit by undue influence
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR…
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Specific Performance of an Agreement vitiated by Fraud/Undue Influence.
Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was…
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The Law on Common Intention S.34 Indian Penal Code
A landmark decision on the domain of S.34 as a principle of constructive criminality, where a lot many persons do a thing in furtherance…
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Reema Aggarwal v. Anupam – Supreme Court on ‘wife’
Comment : In a nutshell – the court was faced with the preposition whether ‘wife’ in S.498A means only a legally wedded wife ? Does…
