EVIDENCE

Whether oral evidence which is contrary to the contents of FIR supersedes over it in MACC (Case)?

3 min read

• CIVIL

Whether oral evidence which is contrary to the contents of FIR supersedes over it in MACC (Case)?

Yes, If any evidence before the Motor Accident Tribunal runs contrary to the contents in the First Information Report, the evidence which is recorded before the Tribunal has to be given weightage over the contents of the First Information...

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How to take evidence in case of 125 CrPC

8 min read

• CIVIL

How to take evidence in case of 125 CrPC

It is apparent from this provision that in the proceedings under Section 125 Cr.P.C. the manner of recording the evidence in the presence of the opposite party or of his pleader will be the same as prescribed for summons...

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Sirajudheen Vs. Zeenath & Ors (27/02/2023)

25 min read

• Supreme Court Judgments

Sirajudheen Vs. Zeenath & Ors (27/02/2023)

2

Rule 23 of Order XLI CPC-In regard to the want of any particular evidence, we may observe in the passing that if the Court finds any particular evidence directly within the control and possession of a party having not...

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Re-examination of a witness, subsequent to the cross-examination(Sec-137 of Indian Evidence Act)

8 min read

• Evidence Act 1872

Re-examination of a witness, subsequent to the cross-examination(Sec-137 of Indian Evidence Act)

Examination in terms of the provisions of the Indian Evidence Act envisages examination in chief, cross-examination and re-examination, as would appear from Sections 137 and 138 thereof. A person whose evidence has been taken by way of an examination...

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In a suit for partition, the plaintiff produced Land Records – Whether he needs to prove the same?

9 min read

• CIVIL

In a suit for partition, the plaintiff produced Land Records – Whether he needs to prove the same?

The Supreme Court in Choote Khan V. Mal Khan [1954 AIR 575, 1955 SCR 60] while considering the nature of the entries in Jamabandi and as to whether such entries fall within the purview of Record of Rights maintained...

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A Police officer[IO] submitted several documents with his Report, but at trial, prosecution failed to identify any document or to mark as Court Exhibit- Explain consequences with the help of law

14 min read

• Criminal

A Police officer[IO] submitted several documents with his Report, but at trial, prosecution failed to identify any document or to mark as Court Exhibit- Explain consequences with the help of law

The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects - all are to be identified by the witness , on failure the document shall not be part of Court record and the Court...

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Proof in E-contracts – Emad Abdullah

2 min read

• Legal Articles

Proof in E-contracts – Emad Abdullah

No doubt the writing document was considered the most powerful among the evidences of proof before the digital revolution because all laws handle the writing documents as the most powerful proof that submit to the judge . This matter...

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Whether Statement recorded u/s 164 of Cr.P.C. could be used as substantive evidence?

3 min read

• Criminal Procedure Code 1973

Whether Statement recorded u/s 164 of Cr.P.C. could be used as substantive evidence?

Statement recorded under Section 164 of the Cr.P.C. cannot be used as substantive evidence In the case of Utpal Das & Anr. V. State of West Bengal reported in (2010) 6 SCC 493 the Supreme Court has observed that...

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Witness of victim of sexual assault

6 min read

• Judicial Dictionary

Witness of victim of sexual assault

Corroboration as a condition for judicial reliance on the testimony of a prosecutrix is not a matter of Law, but a guidance of prudence under given circumstances. Indeed, from place to place, from age to age, from varying life-styles...

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Section 94 of the Indian Evidence Act

15 min read

• CIVIL

Section 94 of the Indian Evidence Act

When sections 92, 94 and 95 of the Evidence Act are applied to a string of correspondence between parties, it is important to remember that each document must be taken to be part of a coherent whole, which happens...

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Construction of documents

2 min read

• Judicial Dictionary

Construction of documents

In the passing, we may also refer to the observations of a three-Judge Bench of the Supreme Court in Smt. Kamala Devi vs. Seth Takhatmal & Anr.: (1964) 2 SCR 152, in which the court observed as follows:- “8....

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Witness relative

7 min read

• Judicial Dictionary

Witness relative

A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to...

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