#Evidence Act

The Supreme Court upheld a husband's murder conviction in a dowry death case, ruling that his fabricated defence of epileptic seizure - contradicted by post-mortem evidence of throttling - completed the circumstantial chain under Section 106 Evidence Act and triggered the Section 113-B presumption. The decision reinforces that a false plea on facts within the accused's exclusive knowledge can supply the missing link in dowry death prosecutions.

The court held that dock identification of a stranger witness without a test identification parade carries no evidentiary value, and co-accused disclosure statements under Section 27 of the Evidence Act are inadmissible unless they lead to discovery of facts. The prosecution also failed to prove conspiracy and harbouring beyond reasonable doubt, securing acquittal in a 2004 robbery case.

The Supreme Court awarded ₹6 lakh compensation for six years of wrongful undertrial custody in a kidnapping-murder case, holding that a fundamentally defective investigation - lacking a Section 65B certificate for electronic evidence, a Section 27 statement for recoveries, and relying on unclear CCTV footage - violated the accused's Article 21 rights. The ruling underscores the state's liability when investigative failures deprive a person of liberty.

Gujarat HC upholds acquittal: birth certificate without source verification cannot prove minority, making POCSO presumption inapplicable. Victim's conduct - no outcry, voluntary travel, non-disclosure - negated kidnapping and rape under Sections 363, 366, 376 IPC. Proven age is a jurisdictional prerequisite for POCSO; voluntary accompaniment by a minor defeats kidnapping charges.

The Madras High Court ruled that a registered will cannot be presumed genuine in partition proceedings and must be proved strictly under Sections 63 of the Succession Act and 68 of the Evidence Act. This clarification affects legal heirs who may now claim a one tenth share in the deceased's property when such proof is lacking.

Delhi HC held that under Sections 101 and 111 Evidence Act, the burden to prove good faith in a fiduciary transaction lies on the party in confidence. It cancelled a daughter’s sale deed for inadequate consideration, restoring possession to legal heirs.

The Delhi HC held that a rent agreement must be proved by the tenant's signature under Section 67 Evidence Act, not by mere notarisation. The ruling impacts landlords seeking arrears and mesne profits, upholding Rs.87,000 dues based on rent increase.

The Court held that admissions of tenancy and rent payment in a written statement sustain a possession decree under Order XII Rule 6 CPC, removing the need for separate tenancy proof, and that an eviction suit itself is a valid notice to quit, simplifying landlord recovery.

The Calcutta HC held that res judicata does not bar a later Section 65B affidavit for distinct documents, allowing supplementary electronic evidence. This aids litigants in insurance claims by allowing extra digital records without procedural bar.

The Bombay High Court ruled that a delay in the declarant’s death, caused by medical complications, does not render a dying declaration inadmissible under Section 32 of the Evidence Act. This ruling reinforces the evidentiary value of such statements in murder prosecutions and guides lower courts on admitting delayed dying declarations.

Calcutta HC held that a pending title suit challenging the lease deed underlying an arbitral eviction award does not warrant a stay of execution under Order 21 Rule 29 CPC. Execution may proceed despite the title suit, affecting debtors seeking to halt eviction.

Once the prosecution proves Section 304-B IPC ingredients, Section 113-B Evidence Act shifts the burden to the accused to disprove dowry death; the Jharkhand HC upheld the conviction as the accused failed to rebut.

The Delhi High Court held that relatives’ testimony is not interested and that a dowry demand satisfies proximity requirement under Section 304B IPC, clarifying evidentiary standards in dowry death cases and guiding trial courts on witness credibility.

The Calcutta High Court ruled that an insufficiently stamped agreement for sale in a specific performance suit must be impounded under the Indian Stamp Act rather than leading to dismissal of the suit. The court remanded the matter for payment of deficit stamp duty and adjudication on merits, clarifying that stamp deficiency is a curable procedural defect, not a substantive bar to relief.

A Delhi High Court order invalidated a criminal defamation summons, ruling that without a prima facie case and a certified copy of the alleged statement, Section 500 IPC cannot be invoked. This safeguards individuals from unwarranted prosecution where evidence is insufficient. Litigants facing defamation complaints must now ensure the complainant produces certified proof of the offending remark.