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
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.
KEYWORDS: 11 JUDGES BENCH- testimonial compulsion AIR 1961 SC 1808 : (1962) 2 SCR 10 : (1961) 2 CriLJ SC 856 (SUPREME COURT OF INDIA) State of Bombay Appellant Versus Kathi Kalu Oghad Respondent With Criminal Appeals Nos. 110 and 111 of 1958 Pokhar Singh (In both the Appeals) Appellant Versus State of Punjab (in both… Read More State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]
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]
Section 133 reads as under : 133. Accomplice. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. Conviction can be based on the evidence of approver but as per Section 114, the care has to… Read More Examine the evidentiary value of Accomplice
The Right to Information Act was enacted in the year 2005 and came into force with effect from 15-06-2005. It provides for designation of a Public Information Officer for obtaining information with exemptions from such disclosure and the grounds for rejection in appropriate cases. Section 22 of the Act says that the provisions of the said Act shall have… Read More What is the value of RTI reply in Evidence
S 3 . EVIDENCE”. “ Evidence” means and includes— (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the Court, such documents are… Read More What is Evidence and what is not
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.
Indian Evidence Act was drafted by (a) Lord Macaulay (b) Sir James F. Stephen (c) Huxley (d) Sir Henry Summer Maine. The law of evidence consists of (a) ordinary rules of reasoning (b) legal rules of evidence (c) rules of logic (d) all the above. Relevancy and admissibility under the Indian Evidence Act are (a)… Read More OBJECTIVE SAMPLE QUESTIONS ON THE INDIAN EVIDENCE ACT [1ST SET ]
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
Corroboration is not the sine qua non for conviction in a rape case. The observations of Vivian Bose, J. in Rameshwar v. State of Rajasthan were: The rule, which according to the cases has hardened into one of law, is not that corroboration is essential before there can be a conviction but that the necessity… Read More Corroboration is not the sine qua non for conviction in a rape case
KEYWORDS:-Election petition-Exhibits- DATE:- copies of the documents have been supplied to the appellant and multiple copies of the phone or the chip (which is kept in a sealed cover) are not mandated to be supplied when the material relied upon in the phone has been reproduced in CD and a transcription also provided. The defence… Read More Abdulrasakh Vs. K.P. Mohammed & Ors[ALL SC 2018 MARCH]
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]
Evidence Act 1977 INDEX Status information Long title Part 1 Preliminary 1 Short title 2 Act binds Crown 2A Notes in text 3 Definitions 4 Meaning of copy of document etc. 5 Meaning of document purporting to be of certain character etc. Part 2 Witnesses Division 1 Who may testify 6 Witnesses interested or convicted… Read More Evidence Act 1977 [State of Queensland]