Indian Evidence Act 1872
24th Feb, 2020
The Supreme Court in the matter of Shri Partap Singh vs Shiv Ram (Civil Appeal No. 1511 of 2020) decided on 20.02.20 held that although oral evidence can always be adduced contrary to the revenue […]
3rd Sep, 2019
It is also settled that it may not be safe to solely rely upon such evidence, and the Court may seek independent and reliable corroboration in the facts of a given case. The above-mentioned […]
5th Jun, 2019
The Single Judge Bench of the Rajasthan High Court at Jaipur in Mahendra Vs. Mamta @ Guddi bearing S.B. Civil Writ Petition No. 7839/2019 vide its judgment dated 23.05.2019 held that Courts, while considering the […]
22nd Jan, 2018
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 […]
11th Jan, 2017
In a case before the Madras HC, the court relied on judgments by the Apex Court in Gangabai vs. Chhabubai AIR 1982 SC 20 and Ishwar Dass Jain vs. Sohan Lal AIR 2000 SC 426 […]
20th May, 2016
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 […]
9th Dec, 2015
To attract the provisions of Section 304B, one of the main ingredients of the offence which is required to be established is that “soon before her death” she was subjected to cruelty or harassment […]
31st Oct, 2015
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 […]
11th Oct, 2015
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 […]
11th Oct, 2015
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.
24th Sep, 2015
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 […]
14th Sep, 2015
In case of circumstantial evidence, court has to examine the entire evidence in its entirety and ensure that the only inference that can be drawn from the evidence is the guilt of the accused.