A Single Bench of Delhi High Court has held that even a draftsman can be an attesting witness, if the draftsman has signed on the Will having animus attestandi. The expression animus attestandi means that […]
A conviction cannot be based on the only circumstance of last seen together. Normally, last seen theory comes into play where the time gap, between the point of time when the accused and the deceased […]
The expression “fact discovered” in Section 27 of the Evdence Act is not restricted to a physical or material fact which can be perceived by the senses. It does include a mental fact. The information […]
A public document may be admissible, but as to whether the entry contained therein has any probative value may still be required to be examined in the facts and circumstances of a particular case. Even […]
The Himachal Pradesh High Court has held, that public documents in the form of entries of mutation and jamabandi are relevant facts under Section 35 of the Indian Evidence Act 1872 and therefore admissible in evidence.
As per both, Section 311 CrPC and Section 138 Evidence Act for the purposes of criminal trial, the order of re-examination at the desire of any person under Section 138, will have to necessarily be […]
The propounder can be initiated to the benefit of Section 71 of the 1872 Act only if the attesting witness/witnesses, who is/are alive and is/ are produced and in clear terms either denies /deny the […]
Electronic documents are admissible as material evidence. The computer generated electronic records in evidence are admissible at a trial if proved in the manner specified by Section 65B of the Evidence Act.
Plea for relaxation of proof of documents cannot be granted as the antiquity of the document is the very reason for justification for it to be bestowed with the curial presumption that the signature and every […]