Policy to reopen evidence once closed by the order of Court in a Civil suit.

we are satisfied that in the interests of justice and to prevent abuse of the process of court, the trial court ought to have considered whether it was necessary to re-open the evidence and if so, in what manner and to what extent further evidence should be permitted in exercise of its power under Section 151 of the Code.… Read More Policy to reopen evidence once closed by the order of Court in a Civil suit.

The scope and ambit of Sec. 319 of the Code of Criminal Procedure

Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it, if it is satisfied that any person other than accused has committed an offence and he is to be tried together with the accused. The power is discretionary and such discretion must be exercised judicially having regard to the facts and circumstances of the case. Undisputedly, it is an extraordinary power which is conferred on the Court and should be used very sparingly and only if compelling reasons exist for taking action against a person against whom action had not been taken earlier. The word “EVIDENCE” in Section 319 contemplates EVIDENCE of witnesses given in Court. Under sub-section (4)(1)(b) of the aforesaid provision, it is specifically made clear that it will be presumed that newly added person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. That would show that by virtue of sub-section (4)(1)(b) a legal fiction is created that cognizance would be presumed to have been taken so far as newly added accused is concerned. (See Lok Ram v. Nihal Singh and Anr. (AIR 2006 SC 1892)).… Read More The scope and ambit of Sec. 319 of the Code of Criminal Procedure

What is the main function of the Rule of Evidence?

Substantial evidence consists of evidence of circumstances none of which speak directly to the facts in issue but from which those facts may be inferred. In cases where evidence is of substantial nature circumstances from which conclusion of a fact is to be drawn should in first instance be fully established and all the facts so established should be consistent only with the hypothesis of the guilt of wrong doer. … Read More What is the main function of the Rule of Evidence?

What is Conclusive proof ?

If the definition of conclusive proof given in Section 4 of the Evidence Act is applicable to any fact, then both the consequence mentioned above would occur, which means that what is declared to be conclusive proof shall not only be sufficient evidence of the concerned fact, the parties would not have any right to adduce evidence to disprove that fact. … Read More What is Conclusive proof ?