Indian Evidence Act 1872

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 […]
28th Sep, 2014

How to prove Emails and other Electornic Records in Court #indianlaws

Proof of electronic record is a special provision introduced by the IT Act amending various provisions under the Evidence Act and these special provisions on evidence relating to electronic record would be governed by the […]
30th Jun, 2014

Burden to rebut the presumption of service lies on the party, challenging the factum of service #indianlaws

 The presumption under Section 114(f) of the Evidence Act read with Section 27 of the General Clauses Act is rebuttable on a consideration of evidence of flawless character
19th Jun, 2014

Doctrine of promissory estoppel #indianlaws

Section 116, Evidence Act provides that no tenant of Immovable property or person claiming through such tenant shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, […]
27th Feb, 2014

Proof of Will in India #indianlaws

It is well-known that the proof of wills presents a recurring topic for decision in courts and there are a large number of judicial pronouncements on the subject
21st Feb, 2014

Recognition of Foreign Matrimonial Judgement in India #indianlaws #marriagelaws

Supreme Court dealt with the issue relating to Recognition of Foreign Matrimonial Judgment in India when parties to marriage are Hindu and the scope of applicable statutory provisions in connection thereto
5th Jan, 2014

DNA test to determine Paternity #indianlaws #marriagelaws

The Supreme Court dealing with the issue of presumption of birth during marriage has held
26th Sep, 2013

Books of Accounts is not a conclusive evidence

Books of Accounts is not considered as a conclusive evidence to determine liability to rule out any attempt to manipulate to fix liability on someone else due to any element of self-interest and partisanship