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 […]
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 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. […]
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 […]
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.
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 […]
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 […]
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 […]