Day: August 22, 2018

What is the main function of the Rule of Evidence?

Substantial evidence consists of evidence of circumstances none of which speak directly to the facts in issue but from which those facts may be inferred. In cases where evidence is of substantial nature circumstances from which conclusion of a fact is to be drawn should in first instance be fully established and all the facts so established should be consistent only with the hypothesis of the guilt of wrong doer.

What is Conclusive proof ?

If the definition of conclusive proof given in Section 4 of the Evidence Act is applicable to any fact, then both the consequence mentioned above would occur, which means that what is declared to be conclusive proof shall not only be sufficient evidence of the concerned fact, the parties would not have any right to adduce evidence to disprove that fact.

The Definition of Court in Indian Evidence Act

The least that is required of a Court is the capacity to deliver a “definitive judgment” and unless this power vests in a tribunal in any particular case, the mere fact that the procedure adopted by it is of a legal character and it has the power to administer an oath will not impart to it the status of a Court”, and came to the conclusion that the commission appointed under the Commissions of Inquiry Act, 1952 is not a Court within the meaning of the Contempt of ‘Courts Act, 1952.