“Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
Evidence Law
evidence is only the material that can be used to prove the facts of the case, and its authenticity needs to be reviewed by the judicial authority. Only when the evidence itself is true can the true situation of the...
And it is hereby enacted, that it shall be lawful for any Court within the Territories under the Government of the East India Company, and the several Judges thereof, in every Civil proceeding depending in such Court, upon the...
Evidence Act, 1872—Circumstantial evidence—Onus is on the prosecution to prove that chain is complete—There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused...
Shivaji Sahabrao Bobade and Another Vs State of Maharashtra (1973) 2 SCC 793 where the observations were made:
"Certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict...
It is trite to say that the substantive evidence is the evidence of identification in Court. Apart from the clear provisions of S. 9 of the Evidence Act, the position in law is well settled by a catena of...
Civil Procedure Code, 1908—Order 18, Rule 17 read with Section 151—Recall of witness—Ideally, recording of evidence should be continuous, followed by arguments, without any gap—Courts should constantly endeavour to follow such time schedule—Amended Code expects them to do so—If...
Anyone who claims a right has to establish the same and if the defendant, wishing to defend himself, claims something which may require evidence, it is he who must prove it.
