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) : Decided On: 30-03-2011 Civil Procedure Code, 1908—Order 18, Rule 17 read with Section 151—Recall of witness—There is no specific provision in CPC enabling parties to reopen evidence […]
EVIDENCE
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 to do justice in myriad […]
When an accused person is called upon by the Court or any other authority holding an investigation to give his finger impression or signature or a specimen of his handwriting, he is not giving any testimony of the nature of a ‘personal testimony’.
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 the Appeals) Respondent With Criminal […]
![DESCRIPTIVE QUESTIONS ON INDIAN EVIDENCE ACT [BEGINNER LEVEL]](https://advocatetanmoy.com/wp-content/uploads/2017/05/advocate.jpg)
Essay type questions on Evidence Act 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 […]
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 be taken by the Court […]
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 overriding effect on the provisions […]
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 called documentary evidence. COMPETENT EVIDENCE-This term […]
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 the land in question. We […]
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