Affidavit of a witness with regard to the facts in issue cannot be treated as a statement of the deponent before the Court. Hence, such affidavit cannot be treated as ‘evidence’ under […]
Evidence Act-There is no gainsaying that confession made to a police officer cannot be proved as against a person accused of any offence and no confession made by a person while in police custody except made in the immediate presence of a Magistrate, can be proved against him in view of embargo created by Sections 25 and 26 of the Evidence Act. Section 27 of the Act nevertheless carves out an exception as it provides that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence while he is in police custody, “so much of such information”, regardless of it being a confession or not, may be proved, if it relates distinctly to the fact thereby discovered.
STATE OF UTTAR PRADESH Vs. SUNIL [SC]
The expression ‘proof beyond reasonable doubt’ in criminal law requires the prosecution to establish guilt and secure conviction of the accused by proving the charge ‘beyond reasonable doubt’. In Ramakant Rai Vs. Madan Rai & […]
परार्थानुमानम् परार्थानुमानलक्षणम् त्रिरुपलिङ्गाख्यानं परार्थानुमानम्। अन्वयव्यतिरेकपक्षधर्मतासंज्ञकानि त्रीणि रुपाणि, येन वचनेन प्रख्याप्यन्ते तद्वचनमुपचारादनुमानशब्देनोच्यते॥ तस्य द्वैविध्यम् तद् द्विविधम् साधर्म्यवद्वैधर्म्यवच्च। साध्यधर्मिदृष्टान्तधमिणोर्हेतु सत्ताकृतं सादृश्यं साधर्म्यम्। तद्यस्यास्ति तत् साधर्म्यवत् साधनवाक्यम्। साध्यधर्मिदृष्टान्तधर्मिणोर्हेतुसत्ताकृतं वैसादृश्यं वैधर्म्यम्। तद्यस्यास्ति तद्वैधर्म्यवत साधनवाक्यम्। स्वभावहेतोस्साधर्म्यवत्प्रयोगनिरुपणम् , […]
स्वार्थानुमानम् अनुमानस्य द्वैविध्यम् स्वार्थानुमानलक्षणम् अनुमानं द्विविधम् – स्वार्थं परार्थं च। स्वस्मै यत्तत् स्वार्थमनुमानं ज्ञानात्मकम्। पर्वतादौ धर्मिणि धूमादिकं दृष्ट्वा यस्य प्रतिपत्तुः वह्निज्ञानमुत्पद्यते, स एव तेन ज्ञानेन परोक्षमर्थं प्रतिपद्यते नान्य इति स्वार्थानुमानमुच्यते। परस्मै यत्तत् […]
From तर्कभाषा प्रत्यक्षम् मङ्गलाचरणम् गुरुं प्रणम्य लोकेशं शिशुनामल्पमेधसाम्। धर्मकीर्तिमतं श्रुत्यै तर्कभाषा प्रकाश्यते॥ प्रमाणसामान्यलक्षणम् [ Proof] इह खलु प्रेक्षापूर्वकारिणोऽर्थिजनाः सर्वपुरुषार्थसिद्धिनिमित्तं प्रमाणमनुसरन्तीति प्रमाणमादौ व्युत्पाद्द्यते। प्रमाणं सम्यग्ज्ञानमपूर्वगोचरम्। प्रमीयतेऽर्थोऽनेनेति प्रमाणम्। तदेव सम्यग्ज्ञानम्, सन्देहविपर्यासदोषरहितत्वात्। अविसंवादकं ज्ञानं लोके […]
The power under section 151 will have to be used with circumspection and care, only where it is absolutely necessary, when there is no provision in the Code governing the matter, when […]
SUPREME COURT OF INDIA K.K. Velusamy Versus N. Palanisamy (Before : R. V. Raveendran and A. K. Patnaik, JJ.) Civil Appeal Nos. 2795-2796 of 2011 (Arising out of SLP (C) Nos. 18211-18212 of 2010) […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Choose the correct answer from the options given under a question Indian Evidence Act was drafted by (a) Lord Macaulay (b) Sir James F. Stephen (c) Huxley (d) Sir Henry Summer Maine. […]
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 […]
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 […]
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 […]
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 […]
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 […]
KEYWORDS:-CONVICTION RESTORED- DATE:-January 8, 2018- Prosecution case is based on circumstantial evidence. It is well settled that in a case based on circumstantial evidence, the circumstances from which an inference of guilt […]
KEYWORDS: MURDER Conviction can be based on a testimony of a single eye witness if he or she passes the test of reliability and that it is not the number of witnesses […]
RECENT DECISIONS OF THE SUPREME COURT OF THE UNITED STATES
