Whether the omission of the signature of the witness renders the deposition incomplete-NO

13-09-1991- Rules of procedure are not by themselves an end but the means to achieve the ends of justice. Rules of procedure are tools forged to achieve justice and are not hurdles to obstruct the pathway to justice. Construction of a rule of procedure which promotes justice and prevents its miscarriage by enabling the court… Read More Whether the omission of the signature of the witness renders the deposition incomplete-NO

Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

It was pointed out that during investigation, even the Magistrate cannot direct the accused to give his specimen signature on the asking of the police and only in the amendment of the Code of Criminal Procedure in 2005, power has been given to the Magistrate to direct any person including the accused to give his… Read More Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

DESCRIPTIVE QUESTIONS ON INDIAN EVIDENCE ACT [ BEGINNER LEVEL]

 Explain what is not evidence before a court of law. In this line whether an affidavit can be said as evidence of a fact? What is fact in issue? How it is different from relevant fact? Whether a Dying declaration is a conclusive proof for establishing dowry death? What is permissible hearsay evidence? Whether inferential… Read More DESCRIPTIVE QUESTIONS ON INDIAN EVIDENCE ACT [ BEGINNER LEVEL]

The agreement to sell with possession is an instrument which requires payment of the stamp duty applicable to a deed of conveyance.

Supreme Court in the case of Avinash Kumar Chauhan v. Vijay Krishna Mishra, (2009) 2 SCC 532, in which it has been held as follows: “21. It is not in dispute that the possession of the property had been delivered in favour of the appellant. He has, thus, been exercising some right in or over… Read More The agreement to sell with possession is an instrument which requires payment of the stamp duty applicable to a deed of conveyance.

The tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act

KEYWORD:- Tape recorded speech – Evidence- The evidence of voice identification is at best suspect, if not, wholly unreliable. Accurate voice identification is much more difficult than visual identification. It is prone to such extensive and sophisticated tampering, doctoring and editing that the reality can be completely replaced by fiction. Therefore, the Courts have to… Read More The tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act

Sadashio Mundaji Bhalerao Vs State of Maharashtra[ALL SC 2006 NOVEMBER]

KEYWORDS:-EVIDENCE IN CUSTODIAL DEATH- DATE:-28-11-2006. AIR 2007 SC 1028 : (2006) 9 Suppl. SCR 733 : (2006) 12 SCALE 470 (SUPREME COURT OF INDIA) Sadashio Mundaji Bhalerao Appellant Versus State of Maharashtra Respondent (Before : G. P. Mathur And A. K. Mathur, JJ.) Criminal Appeal No. 478 of 2005 with Cri. A. Nos. 479 and… Read More Sadashio Mundaji Bhalerao Vs State of Maharashtra[ALL SC 2006 NOVEMBER]