Inculpatory - Judgment Search Results

Williamson Vs. United States

Court: US Supreme Court

..... declaration under this reading harris entire confession even if it contains both self inculpatory and non self inculpatory parts would be admissible so long as in the aggregate the confession ..... constraints of the confrontation clause make statements admissible based on their proximity to self inculpatory statements but we will not lightly assume that the ambiguous language means anything so .....

D. Uttam Chand Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in: (1995)(79)ELT588Tri(Chennai)

..... counsel for appellant uttam chand contended that the currency belonged to uttam chand and the inculpatory statement belatedly was recorded from him after subjecting uttam chand to illegal detention and by ..... 6 shri thyagarajan the learned counsel appearing for appellant selvaraj and kannan submitted that the inculpatory statements are not voluntary and true and were brought out when they were in .....

Berghuis Vs. Thompkins

Court: US Supreme Court

..... strong evidence against waiver miranda and butler expressly preclude the possibility that the inculpatory statements themselves are sufficient to establish waiver in these circumstances thompkins actions and ..... inferred during a custodial interrogation there are sound reasons to require evidence beyond inculpatory statements themselves miranda and our subsequent cases are premised on the idea that .....

Smt. Selvi and ors. Vs. State of Karnataka

Court: Supreme Court of India

..... prohibition on the consideration of exculpatory evidence however this distinction between the treatment of inculpatory and exculpatory evidence is made retrospectively at the trial stage and it cannot be ..... between speaking and remaining silent irrespective of whether the subsequent testimony proves to be inculpatory or exculpatory article 20 3 aims to prevent the forcible conveyance of personal .....

K. Babu Rao and ors. Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in: (1986)(8)LC519Tri(Chennai)

..... and their statements were reduced to writing the statements recorded from the appellants were inculpatory in nature wherein they admitted that the silver articles and jewellery under seizure were ..... mahazar unless it be that the department felt the necessity of incorporating certain averments inculpatory in character and confessional in nature and attributing the same to the appellants if .....

K.T.M.S. Mohd. and Another Vs. Union of India

Court: Supreme Court of India

Reported in: AIR1992SC1831; [1992]75CompCas321(SC); 1992CriLJ2781; 1992(2)Crimes314(SC); (1992)108CTR(SC)84; 1992(40)ECC352; [1992]197ITR196(SC); JT1992(3)SC129; 1992(1)SCALE1006; (1992

..... also in a given situation launch a prosecution for perjury on the basis of any inculpatory statement recorded by the income tax authority if repudiated subsequently before the enforcement authority ..... the detaining authority should consider the subsequent retraction and record its opinion before accepting the inculpatory statement lest the order will be vitiated reference may be made to a decision of .....

Gopi Chand Soni and Another Vs. Customs, Excise and Service Tax Appell ...

Court: Allahabad

..... intend to take action against the deponent of a statement on the basis of his inculpatory statement which has been subsequently repudiated the officer concerned must take both the statements ..... the detaining authority should consider the subsequent retraction and record its opinion before accepting the inculpatory statement lest the order will be vitiated emphasis supplied 16 the court then held in .....

irsad Alam Vs. the State of Bihar

Court: Patna

..... examination of the evidence finds that the retracted confession is true that part of the inculpatory portion could be relied upon to base the conviction however prudence and practice require that ..... and condemn both even though both the confessions are found to be voluntary and the inculpatory parts thereof receive general corroboration from the remaining evidence on record 54 the above position .....

B. Mohan and 3 ors. Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in: (1991)(33)LC608Tri(Chennai)

..... 1988 5 shri sabapathi the learned consultant submitted that in view of subsequent retraction the inculpatory statements do not have any evidentiary value in law the learned consultant further urged that ..... the recovery of the gold biscuits themselves the learned senior d r submitted that the inculpatory statements contain a plethora of factual details which would only establish that they are voluntary .....

A.N. Bhat Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in: (1991)(55)ELT580Tri(Chennai)

..... further statements were recorded on the other two dates referred to above subramaniam gave an inculpatory statement confessing to misdeclaration of the goods but did not in any way implicate the ..... manner the ld counsel therefore urged that when the original statement is exculpatory and subsequent inculpatory statements were extracted by keeping the appellant in duress they would not be admissible in .....