Therefore, the mere fact that the patient suffered 92% burn injuries as in this case would not stand in the way of patient giving a dying declaration which otherwise inspires the confidence of the Court and is free from tutoring, and can be found reliable.
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 and the mental distance between ‘may be’ and must be’ is long and divides vague conjectures from sure conclusions.”
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 decisions of this Court. The facts, which establish the identity of the accused persons, are relevant under S.9 of the Evidence Act. As a general rule, the substantive evidence of a witness is the statement made in Court.
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 that is done, applications for adjournments, re-opening, recalling, or interim measures could be avoided.
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.
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.
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 […]
As existence of both a dominant tenement and servient tenement is essential to the creation and existence of an easement it is difficult to conceive of a position where a person can claim easement by prescription when he owns both the tenements. It may be permissible in the plaint to advance an inconsistent plea of ownership and easement alternatively, but it is necessary that the plaintiff should press one of them only either at the stage of evidence or a subsequent stage. When the dominant and servient tenement are in the ownership and possession of the same person acts done by him on the servient tenement are clearly referable to his possession of that tenement and hence there cannot be any easement by prescription,
The expression “burden of proof” really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in, its favour ; it […]