Category: EVIDENCE

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.

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 […]