Supreme Court pronouncements touching the question of Evidence- admission of evidence and appreciation of evidence
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.
COMMENT: Facts allowed by the trial Judge is Evidence and Evidential-facts either to be proved or Disproved. Evidence and Fact are interchangeable words, so technically FACT + PERMISSION = EVIDENCE. An investigator may bring so many things/facts/factor/articles under a ‘List’, but the moment the trial judge pickup a thing/fact/factor/article, it shall get the legal term- ‘Evidence’
Order of Discharge-Sections 120B, 302, 201 r.w. S.34 IPC and Sections 25, 27, 54, 59 of the Arms Act- In the present case, on account of the inconsistency in framing charges by the Sessions Court against the six accused, the trial has got truncated. The trial with respect to three accused i.e. Sachin Bansal, Narendra Mann, and the alleged contract killer – Joginder Singh Sodhi has proceeded in the absence of the other three accused viz. Shiv Charan Bansal, Lalit Mann and Shailendra Singh.
P. Gopalkrishnan @ Dileep Versus State of Kerala and Anr.- Whether contents of a memory card being electronic record under Sec 2(1)(t) of IT Act 2000 would qualify as a “document” Section 3 of the Indian Evidence Act, 1872 (forby short, ‘the 1872 Act’) and Section 29 of the Indian Penal Code, 1860.
the circumstances from which the conclusion of guilt is to be drawn should be fully established. It may be noted here that this Court indicated that the circumstances concerned “must or should” and not “may be” established. There is not only a grammatical but a legal distinction between “may be proved” and “must be or should be proved”
It is a settled principle of law that when the Courts below have recorded concurrent findings against the accused persons which are based on due appreciation of evidence, this Court under Article 136 of the Constitution of India would be slow to interfere in such concurrent findings and secondly would not appreciate the evidence de novo unless it is prima facie shown that both the Courts below did not either consider the relevant piece of evidence or there exists any perversity or/and absurdity in the findings recorded by both the Courts below etc.
We have frequently held that in the exercise of our appellate jurisdiction we have power not only to correct error in the judgment under review but to make such disposition of the case as justice requires. And in determining what justice does require, the Court is bound to consider any change, either in fact or in law, which has supervend since the judgment was entered
GOVT gives 40% discount on cargo from Jawaharlal Nehru and Deendayal port from/to Chabahar Port Iran - The Ministry of Shipping has extended the current concessional rate of 40% discount for coastal movement of cargo and vessel related charges, for a period of further one year to clients for cargo being handled at Jawaharlal Nehru Port and Deendayal Port from/to Shahid Beheshti Port, Chabahar, Iran.
US Presidential Executive Order on Protecting Vulnerable Newborn and Infant Children-25/09/2020- - Purpose. Every infant born alive, no matter the circumstances of his or her birth, has the same dignity and the same rights as every other individual and is entitled to the same protections under Federal law. Such laws include the Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C. 1395dd, which guarantees, in hospitals that have an emergency department, each individual’s right to an appropriate medical screening examination and to either stabilizing treatment or an appropriate transfer. They also include section 504 of the Rehabilitation Act (Rehab Act), 29 U.S.C. 794, which prohibits discrimination against individuals with disabilities by programs and activities receiving Federal funding.
India-SL Joint Statement on Virtual Bilateral Summit-26/09/2020 - Prime Minister Mahinda Rajapaksa welcomed the announcement made by Prime Minister Modi of India’s grant assistance of US$ 15 million for promotion of Buddhist ties between the two countries. The grant will assist in deepening people-to-people linkages between the two countries in the sphere of Buddhism including inter alia through construction/renovation of Buddhist monasteries, capacity development, cultural exchanges, archaeological cooperation, reciprocal exposition of The Buddha’s relics, strengthening engagement of Buddhist scholars and clergy etc.
Legisprudence-A New Theoretical Approach to Legislation Luc J.Wintgens(ed) - Legislation, it is said, is a matter of politics, and politics is not rational. Politics is a power game, which results in compromises framed into a legislative or statutory structure. This power game seems to have its own logic and, most of the time, the results outweigh any other form of logic.
Can God and Caesar Coexist, Balancing Religious Freedom and International Law-Robert F. Drinan - The Catholic Church did not always seek religious freedom for every believer. For centuries the Church held to the conviction that governments should be required to discourage and even ban not only non-Christian religions but any version of Christianity that differed from Catholicism. Butin the Second Vatican Council radically altered that doctrine, so that now the Catholic Church strongly states that any governmental coercion of individuals to adhere or not to adhere to any religion is wrong.
Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present-Keith Whittington - A hundred years ago there were serious and lively debates over whether courts should even have the power to strike down acts of elected legislatures. Those debates are largely in the past. Courts now routinely, almost casually, invalidate legislation. But the reaction judicial review now provokes is rather different. Few argue that judges should abandon the power to review and invalidate the deliberate acts of other government officials.
