Indian Evidence Act 1872

22nd Jan, 2018

A Scribe/Draftsman can be an attesting witness to a Will

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

Bar of Section 92 Evidence Act does not operate when the document is sham and not to be acted upon #legalupdates

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

Conviction cannot be based on the only circumstance of ‘last seen together’ #indianlaws

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

Proximate & live link between cruelty based on dowry demand and death is a must to prove dowry death #indianlaws

  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

Expression “Fact Discovered” In S.27 Of Evidence Act Also Includes Mental Fact Besides Physical Or Material Fact #indianlaws

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

While admitting public document in evidence its probative value has to be checked #indianlaws

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

Entries of mutation and jamabandi are public documents and thus admissible in evidence #indianlaws

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

Mere change of counsel cannot be a ground to recall witnesses #indianlaws

 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

Reliance on “Last Seen Theory” not safe in a case based on circumstantial evidence when time gap is long

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. 
11th May, 2015

Attesting witness with a fading memory cannot prove a Will #indianlaws

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 […]
11th Feb, 2015

CCTV footages are material piece of evidence

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. 
11th Jan, 2015

Presumtion under Section 90 is available only when document is proved to be 30 years old

 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 […]