These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions
Federal Rules of 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.
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 […]
