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Important Judgments by Indu Malhotra

*IMPORTANT JUDGEMENTS BY JUSTICE INDU MALHOTRA* 1) Inordinate Delay To Complete Investigation May Be Taken As Presumptive Proof Of Prejudice, Particularly When Accused Is In Custody.  *Dilawar v. State of Haryana & Anr* 2) Insolvency and Bankruptcy Code (IBC) Will Override Provisions Of Other Enactments Inconsistent With It.  *Pr. Commissioner of Income Tax v. Monnet Ispat and Energy Ltd* 3) Oral Evidence In Application To Set Aside Arbitral Award Shouldn't Be Allowed Unless Absolutely Necessary  *M/s Emkay Global Financial Services Ltd. v. Girdhar Sondhi* 4) Purpose Of Compensation Under MV Act Is To Fully And Adequately Restore the Aggrieved To The Position Prior To The Accident *Anant Son of Sidheshwar Dukre v. Pratap Son of Zhamnnappa Lamzane and Anr* 5) Adulterous Woman Can't Be Treated As Victim And The Man, A Seducer – Striking Down Of Section 497 IPC As Unconstitutional *Joseph Shine v. Union of India* 6) Home Buyer Ought Not To Be Allowed To Reap Benefits Of Their

CONCEPT OF RELEVANCY AND ADMISIBILITY

INTRODUCTION   Indian Legal system including the evidence law is largely influenced by the British Legal  system. Like Britain, In India, the illegally obtained evidence was admissible, In Britain  the Statutory Provision Changed the admissibility of such evidence under section 78 of the  Police and Criminal Evidence Act,1984. Whereas in India Judiciary has to make the first  move in absence of any legal provision excluding the illegally obtained evidence. The only  criteria regarding the admissibility of evidence in Indian law is relevancy. After the judicial  pronouncements, the following were the rules that came to light. All relevant evidence is  admissible subject to any constitutional or statutory prohibition. The court has discretion  to exclude illegally obtained evidence, if it has harmful and unfair affect for the accused. In India the rule of admissibility is governed by the statutory provision provided by The  Indian Evidence Act, 1872.when the enactment is in operation, al

Scientific Evidence

INTRODUCTION Before putting into words the term ‘scientific evidence’, it is imperative to identify the concepts “Evidence” and “Science”. The term ‘evidence’ means “anything by which any alleged matter of fact is either established or disproved”. Whatsoever makes the controversial thing apparent and clear in the court of law is evidence. Where the question is whether the explosion took place before a fire occurred. The noise of the explosion and its flash are evident of it. Persons who saw the flash or heard the noise can give evidence of the fact of the explosion. Evidence can be two forms technically i.e. oral and documentary, additionally; electronic records can be produced as evidence including video conferencing . If the happening of a fact is recorded on anything apart from human memory, that record is an evidence of the happening. Evidence can be defined as any material which tends to persuade the court of the truth or probability of some fact asserted before it . According to