SangsLegal News S. 27 of the Evidence Act Protects Individuals from Incrimination unless Accused or in Police Custody during Confessions; Supreme Court

The Supreme Court recently held that Section 27 of the Evidence Act stipulates that discovery cannot be used as evidence against an individual if they have not been accused of any offense louis vuitton replica handbags and were not under police custody at the time of confession. This ruling, aimed at safeguarding individuals' rights, emphasizes that confessions made by persons who do not meet these criteria cannot be used to prove their guilt.

SangsLegal News A police officer is one who has been given authority under NDPS Act, a confessional statement made by an accused person and recorded under NDPS Act cannot be used as a confessional statement : Supreme Court

The Supreme Court recently ruled that a police officer, as defined by Section 25 of the Evidence Act, is one who has been given authority under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985. As a result, a confessional statement made by an accused person and recorded in accordance with Section 67 of the NDPS Act cannot be used as a confessional statement in a proceeding governed by the NDPS Act.

SangsLegal News A soldier is unable to seek disability pension based on a medical examination conducted many years after their discharge: Supreme Court

The eligibility criteria for disability pension under Rule 14 of the Entitlement Rules for Casualty Pensionary Awards, 1982 were further clarified by the Supreme Court that simply proving the occurrence of a service-related ailment or disability is insufficient to qualify for the pension. According to the Supreme Court, to qualify for disability pension, it is essential to provide medical evidence confirming that the disability occurred during the individual's service tenure. Additionally, it must be proved that the conditions of military duty were responsible for the development of the illness and that these conditions were directly linked to the circumstances involved in military service.

Sangslegal News In the absence of proof of actual loss, a party cannot be granted liquidated damages as stated in the agreement: Delhi High court

The High Court of Delhi recently ruled that although the parties have agreed on a specific sum as liquidated damages, the party seeking such damages must still provide evidence of the actual loss incurred.

SangsLegal News Mother should not be deprived a custody of a minor child solely based on her decision to move to another country for better job: Kerala High Court

The Kerala High Court has held that a mother should not be deprived of exclusive guardianship and custody of a minor child solely based on her decision to move to another country in search of improved job prospects and better fortunes.