Essay type questions on EvidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 Act
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- ย Explain what is not evidence before a court of lawLaw ฮฝฯฮผฮฟฯ:ย Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article. In this line whether an affidavitAffidavit Anย ex parteย statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. can be said as evidence of a factFact Something เคคเคฅเฅเคฏ (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act:ย It means and includesโ (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. โfacts in issueโ means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows.?
- What is fact in issue? How it is different from relevant fact?
- Whether a Dying declarationDying declaration Corroboration of the dying declaring statement isnโt required when it inspires the confidence of the court to convict the accused. [Rajendra s/o Ramdas Kolhe v State of Maharashtra, 2024 INSC 422] is a conclusive proofProof Mathematical proof, Direct proof, Proof by contraposition, Proof by contradiction, Proof by construction, Proof by exhaustion, Closed chain inference, Probabilistic proof, Combinatorial proof, Nonconstructive proof, Computer-assisted proofs. for establishing dowry death?
- What is permissible hearsay evidenceHearsay evidence The test to distinguish between direct and hearsayย evidence is. that it is direct if the Court to act upon it has to rely upon not only the witness, whereas it is hearsay if it has to rely upon not only the witness but some other person also โDirect evidenceโ used in means original evidence in contradistinction to theย word โindirectโ or circumstantial evidence. It is also called โderivative evidenceโ.?
- Whether inferential evidence has any place under the scheme of IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : เคธเคคเฅเคฏเค เคตเคฆ เฅค เคงเคฐเฅเคฎเค เคเคฐ เฅค เคธเฅเคตเคพเคงเฅเคฏเคพเคฏเคพเคจเฅเคฎเคพ เคชเฅเคฐเคฎเคฆเค เฅค The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Evidence Act ?
- Whether Circumstantial evidence needs corroboration?
- ย A Police officer[IO] submitted several documents with his Report, but at the time of trial, the prosecution failed to identify any document or to mark as Court Exhibit- Explain the consequences with the help of law.
- How to prove motiveMotive Intending to collect money he started to motivate the people to donate to him. Intention comes first then motive to take the course. Motive is actionย >ย Reason, Root, Rationale, Purpose, Excuse. Section 4 BSA (Admission/Confession of Motive-S 22 BSA)ย and intentionIntention This means to โhave in mind.โ A plant to do a thing (Planning: premeditation is evident through evidence of active preparation, e.g., hoarding pills, purchase of weapon). It refers to the aim, purpose, or goal of the behavior, e.g., to seek an end to/solution. A consciousย mental processย to move precedes the brainโs preparation for movement. in a rape case?
- At the timeTime ฯฯฯฮฝฮฟฯ. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-โquantum entanglementโ) เคฏเคฎเค , เคชเฅเค, (เคฏเคฎเคฏเคคเคฟ เคจเคฟเคฏเคฎเคฏเคคเคฟ เคเฅเคตเคพเคจเคพเค เคซเคฒเคพเคซเคฒเคฎเคฟเคคเคฟ เฅค เคฏเคฎเฅ + เค เคเฅ เฅค เคตเคฟเคถเฅเคตเฅ เค เคเคฒเคฏเคคเฅเคฏเฅเคต เคฏเค เคธเคฐเฅเคตเฅเคตเคพเคฏเฅเคถเฅเค เคธเคจเฅเคคเคคเคฎเฅ เฅค เค เคคเฅเคต เคฆเฅเคฐเฅเคจเคฟเคตเคพเคฐเฅเคฏเฅเคฏเคเฅเค เคคเค เคเคพเคฒเค เคชเฅเคฐเคฃเคฎเคพเคฎเฅเคฏเคนเคฎเฅ เฅฅเคฏเคฎเฅเคถเฅเค เคจเคฟเคฏเคฎเฅเคถเฅเคเฅเคต เคฏเค เคเคฐเฅเคคเฅเคฏเคพเคคเฅเคฎเคธเคเคฏเคฎเคฎเฅ เฅค เคธ เคเคพเคฆเฅเคทเฅเคเฅเคตเคพ เคคเฅ เคฎเคพเค เคฏเคพเคคเคฟ เคชเคฐเค เคฌเฅเคฐเคนเฅเคฎ เคธเคจเคพเคคเคจเคฎเฅ เฅฅ of searchSearch Google SEO: Meaning> Relevance> Quality> Usability> Context for an offence of Murder, police recovered a laptop, some incriminating photos from the hard disk, how the prosecution shall prove the relevancy of recovered articles?
- What is an admission? Whether admission is direct evidence or indirect evidence?
- What is secondary evidence? How to prove a xerox copy of a certified registered gift deed?
- How to prove a Will, where both the attesting witnesses died earlier?
- In a suit for partition, the plaintiff produced Land Records – whether he needs to prove the same?
- What is EstoppelEstoppel Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereasย the doctrine issue estoppel is invoked against the party. If such an issue is decided against him, he would be estopped from raising the same in the latter proceeding.. Bhanu Kumar Jain v. Archana Kumar ([2004] Supp. 6 SCR 1104 : (2005) 1 SCC 787)? What is the evidentiary value of it?
- In which cases Indirect oral evidence shall be permitted?
- Where evidence recorded through VDO Conferencing in a Criminal trial is valid?
- Explain the evidentiary value of CCTV footage?
- Distinguish between the presumptionPresumption An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. of law and presumption of facts?
- Whether illegally collected Evidence by police is admissible?
- Elucidate the credibility of Defence evidence in a murder trial.
- What is a judicial proceeding?
- An eyewitness said there was rape, but the doctor said there was no rape – who shall be believed.
- Explain section 144 of the Evidence Act.
- ย A Judge to decide as to the admissibility of evidence u/s 136- Explain.
- When a witness shall be compelled to answer a specific question? whether a scandalous question can be asked u/s 147?
Write short notes :
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- Res gastae
- Hearsay Evidence
- Accomplice
- Test identificationIdentification parades The identification parades are not primarily meant for the court. They are meant for investigation purposes > Vishwanatha v. The State of Karnataka by the Secretary, Home Department [2024] 7 S.C.R. 50. Mulla v. State of U.P. [2010] 2 SCR 633 : (2010) 3 SCC 508; Malkhansingh v. State of M.P. [2003] Supp. 1 SCR 443 : (2003) 5 SCC 746. parade
- Plea of alibiPlea of alibi It is a legal defense in criminal cases where the accused claims they were physically elsewhere (Latin for "elsewhere") at the time a crime occurred, making their participation impossible, and must be supported by credible, consistent evidence presented early in the case to create reasonable doubt about their guilt, though the prosecution still bears the burden of proving the crime.ย
- Leading question
- Cross-examination
- Character evidence
- Confession Statement
- NumberNumber ฮฯฮนฮธฮผฯฯ of witnesses
- Suicide note
- Extra-Judicial confession
- Hostile witness
- Public records
- Benefit of doubt
- Child witness
- Corpus delicti
- Evidence of approver
- Identification in court
- The probative value of a piece ofย evidence
- Police custody
- DiscoveryDiscovery The process of gathering evidence in a lawsuit is known as discovery. This allows each side to get a better understanding of their position and develop strategies for the litigation. It also can promote the settlement process by revealing the strengths and weaknesses of the case.
- FSL Report
- The opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The courtโs ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. of Handwriting Expert
- Private documentDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023)
- Onus probandi
- Refreshing memoryMemory It is the process of storing and then remembering this information. Forgetting may be a sign of a more serious problem, such as: Alzheimer's disease, Other types of dementia, Stroke, Depression, Head injuries, Blood clots or tumors in the brain, Kidney, liver, or thyroid problems, Reactions to certain medicines,
- Proof beyond reasonable doubt
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Glossary Indian Evidenceย Act
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