The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact relevant or irrelevant;...
EVIDENCE
TEST IDENTIFICATION-there is no hard and fast rule about the period within which the TIP must be held from the arrest of the accused. In certain cases, this Court considered delay of 10 days to be fatal while in...
Whether the contents of the memory card/pendrive submitted to the Court alongwith the police report can be treated as “document” as such.
What is Proof In mathematics, a proof is a demonstration that, assuming certain axioms, some statement is necessarily true. A proof is a logical argument, not an empirical one. That is, one must demonstrate that a proposition is true...
Provisions of Section 65 of the Act 1872 provide for permitting the parties to adduce secondary evidence. However, such a course is subject to a large number of limitations. In a case where original documents are not produced at...
Evidence Act, 1872—Section 3—Witness—Withholding of—Allegation of bribe—The person playing prominent part in respect of payment not examined as witness—Conviction, set aside.
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 section 3 of the Evidence Act unless...
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...
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 & Ors. (2003) 12 SCC 395 referring to the...
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 , संस्कृतस्य सर्वस्य क्षणिक त्वसमर्थनं च तत्र स्वभावहेतोः...