Dharmanand Pant Versus State of U.P -Witnesses in a criminal case should not be examined on commission except in extreme cases of delay, expense or inconvenience and in particular the procedure by […]
Vulnerable victims are allowed pre-recording of evidence under new protection measures in UK
The new technology allows vulnerable witnesses and victims to have their cross-examination video-recorded earlier in the process and played during the trial. This is to ensure they can provide their best evidence, away from the courtroom which many can often find intimidating.
Federal Rules of Evidence
These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions
Burden of proof in election cases
Appreciation of evidence and burden of proof in election cases-In our country, election is a fairly costly and expensive venture and the Representation of People Act has provided sufficient safeguards to make the elections fair and free. In these circumstances, therefore, election results cannot be lightly brushed aside in election disputes.
Security Guidelines for Certifying Authorities
Under Information Technology (Certifying Authorities) Rules, 2000 SCHEDULE-III [See rule 19(2)] Index 1. Introduction 2. Security Management 3. Physical controls – site location, construction and physical access 57 4. Media Storage 5. […]
Yashwant Sinha & Ors. Vs. Central Bureau of Investigation through its Director & ANR – 10/04/2019
Under the common law both in England and in India the context for material being considered by the court is relevancy. There can be no dispute that the manner in which evidence […]
Expert witness rendering opinion evidence, DNA testing & Superimposition technique
The role of an expert witness rendering opinion evidence before the Court may be explained by referring to the following observations of this Court in Ramesh Chandra Agrawal v. Regency Hospital Limited […]
The meaning of “discovery of fact”
The Supreme Court has explained the meaning of “discovery of fact” in consequence of information received from the accused laid down in Section 27 of the Evidence Act in paragraph 35 of “State of Maharashtra V. […]
In cases based upon circumstantial evidence, motive assumes greater importance
Regarding law on the circumstance of last seen, the observation of Supreme Court in Mohibur Rahman and Another Vs. State of Assam, are relevant: The circumstance of last seen together does not […]
Chance witness
On scrutiny of the below decisions, we find that the Hon’ble Apex Court has specifically observed that presence of witness was doubtful and no reliance can be placed on such chance witness.
Understand Hearsay
A “statement” is: 1. An oral or written assertion; or 2. Nonverbal conduct of a person if it is intended by the person as an assertion. A “declarant” is a person who makes a […]
Refreshing the memory of a witness
When a witness uses a writing or other item to refresh memory while testifying, an adverse party is entitled to have such writing or other item produced at the hearing, to inspect […]
Rule under Section 101 of the Evidence Act -the burden to prove a fact
The elementary Rule under Section 101 of the Evidence Act, is inflexible. Ordinarily, the burden to prove the fact rests on the party who substantially asserts affirmative of the issue and not […]
In a suit for recovery of possession based on title it is for plaintiff to prove his title and satisfy court that he is entitled to dispossess defendant from his possession.
SUPREME COURT OF INDIA DIVISION BENCH ( Before : S. B. Sinha, J; P. K. Balasubramanyan, J ) ANIL RISHI — Appellant Vs. GURBAKSH SINGH — Respondent Civil Appeal No. 2413 of […]
Testimony of a victim of sexual assault has to be treated at par with the testimony of an injured witness
The law with regard to the appreciation of the testimony of a prosecutrix is well-settled. In State of Maharashtra Vs. Chandraprakash Kewalchand Jain, it was held that the testimony of a victim […]
Presumption of fact
The pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no […]
The Commercial Documents Evidence Act, 1939
(30 of 1939) [26th September, 1939] An Act to amend the Law of Evidence with respect to certain commercial documents. Whereas it is expedient to amend the Law of Evidence with respect […]
Parārthānumānam -in Evidence of Inference
परार्थानुमानम् परार्थानुमानलक्षणम् त्रिरुपलिङ्गाख्यानं परार्थानुमानम्। अन्वयव्यतिरेकपक्षधर्मतासंज्ञकानि त्रीणि रुपाणि, येन वचनेन प्रख्याप्यन्ते तद्वचनमुपचारादनुमानशब्देनोच्यते॥ तस्य द्वैविध्यम् तद् द्विविधम् साधर्म्यवद्वैधर्म्यवच्च। साध्यधर्मिदृष्टान्तधमिणोर्हेतु सत्ताकृतं सादृश्यं साधर्म्यम्। तद्यस्यास्ति तत् साधर्म्यवत् साधनवाक्यम्। साध्यधर्मिदृष्टान्तधर्मिणोर्हेतुसत्ताकृतं वैसादृश्यं वैधर्म्यम्। तद्यस्यास्ति तद्वैधर्म्यवत साधनवाक्यम्। स्वभावहेतोस्साधर्म्यवत्प्रयोगनिरुपणम् , […]
Anumānam – Evidence of Inference
स्वार्थानुमानम् अनुमानस्य द्वैविध्यम् स्वार्थानुमानलक्षणम् अनुमानं द्विविधम् – स्वार्थं परार्थं च। स्वस्मै यत्तत् स्वार्थमनुमानं ज्ञानात्मकम्। पर्वतादौ धर्मिणि धूमादिकं दृष्ट्वा यस्य प्रतिपत्तुः वह्निज्ञानमुत्पद्यते, स एव तेन ज्ञानेन परोक्षमर्थं प्रतिपद्यते नान्य इति स्वार्थानुमानमुच्यते। परस्मै यत्तत् […]
Pratyakṣam – Evidence of Direct Perception
From तर्कभाषा प्रत्यक्षम् मङ्गलाचरणम् गुरुं प्रणम्य लोकेशं शिशुनामल्पमेधसाम्। धर्मकीर्तिमतं श्रुत्यै तर्कभाषा प्रकाश्यते॥ प्रमाणसामान्यलक्षणम् [ Proof] इह खलु प्रेक्षापूर्वकारिणोऽर्थिजनाः सर्वपुरुषार्थसिद्धिनिमित्तं प्रमाणमनुसरन्तीति प्रमाणमादौ व्युत्पाद्द्यते। प्रमाणं सम्यग्ज्ञानमपूर्वगोचरम्। प्रमीयतेऽर्थोऽनेनेति प्रमाणम्। तदेव सम्यग्ज्ञानम्, सन्देहविपर्यासदोषरहितत्वात्। अविसंवादकं ज्ञानं लोके […]
