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Landmark Judgments and Articles on Law

Whether court can convict accused relying on the evidence of related witness?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 316 of 2011 Karulal Vs The State of Madhya Pradesh Hrishikesh Roy, J. Dated: OCTOBER 09, 2020 1. This Appeal has been preferred by 5 accused, namely, Karulal(A-5), Amra(A-6), Kachru(A-7), Suratram(A-8) and Bhagirath(A-9). They…

Whether the court can refuse to rely on the court commissioner’s report if he is not examined as a witness?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Second Appeal No. 77 of 1999 Decided On: 05.07.2010 Kirpashankar Mukundlal Sahu Vs. Tilakraj Khushalchandra Wadhawan Hon’ble Judges/Coram: A.P. Bhangale, J. Citation: MANU/MH/0720/201 1. This appeal is filed by unsuccessful plaintiff in Regular Civil Suit No. 83…

Whether a party can confront a witness in cross-examination by showing him inadmissible document?

In the High Court of Bombay (Before G.S. Patel, J.) Vijay Kumar Gupta Vs Naresh Kumar Gupta Testamentary Suit No. 72 of 2005 In Testamentary Petition No. 528 of 2005 Decided on May 4, 2016 Citation: 2016 SCC OnLine Bom 8659 G.S. Patel, J.:— I…

SC : Relationship is not a belligerent inspiring a Credibility of a Witness

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SC : Prior Contradictory Statement of Witness is not Substantive Evidence

IN THE SUPREME COURT OF INDIA Civil Appeal No. 1787 of 1967 Decided On: 30.10.1973 Bishwanath Prasad Vs. Dwarka Prasad Hon’ble Judges/Coram: H.R. Khanna, R.S. Sarkaria and V.R. Krishna Iyer, JJ. Citation: AIR 1974 SC 117, 1. The dispute is short, the points of law…

Whether evidence given by witness becomes inadmissible if police has read over his statement recorded U/S 161 of CRPC?

IN THE HIGH COURT OF KERALA Cri. Appeal No. 462 of 1992 Decided On: 13.01.1995 Ali Vs. State of Kerala Hon’ble Judges/Coram: K.P. Balanarayana Marar, J. 1. The accused in Sessions Case 80 of 1991 before Second Additional Assistant Sessions Judge, Ernakulam is the appellant….

Note on section 340 Crpc

Note on section 340 crpc Applicant must read the relevant Bare acts i.e., 340, 195, 250 and 357 of CrPC and 191 to 211 of IPC (191, 192, 193 in particular) to get thorough understanding of it. S 193 of IPC is for Punishment for…

Evidence of a related witness cannot be discarded; FIR is not an encyclopedia

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1479 OF 2015 MOTIRAM PADU JOSHI AND OTHERS …Appellants Versus THE STATE OF MAHARASHTRA …Respondent J U D G M E N T R. BANUMATHI, J. This appeal arises out of the judgment…

Recalling of witness u/s.311 of CrPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2013 (@ SLP (CRL.) No.2400 of 2011) Rajaram Prasad Yadav ….Appellant VERSUS State of Bihar & Anr. ….Respondent J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1….

Guidelines for the Cross-Examination

Cross-examination almost always ventures into dangerous territory. The reason for this is that the witness is usually adverse or hostile to your client’s position. Therefore, you must control the witness and, more particularly, the witness’ testimony. This can be accomplished by following certain guidelines during…

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