Facts of the Case Issues in the Case Legal Principles Covered A. Section 115 – Estoppel (Indian Evidence Act, 1872) This section says: Application to […]
Author: Sunny Shettipalli
A’ is charged for committing murder of ‘B’. ‘A’ contends tfrat by reason of unsoundness of mind he did not know the nature of the Act. On whom the burden of proof lies? Discuss.
Facts of the Case A is charged with committing the murder of B.During the trial, A raises the defence that he was of unsound mind […]
A, B and Care accused of murder of D. ‘A’ makes a statement to the sub-inspector of police while in the custody that “I together with B and C murdered D’ and have concealed his dead body under a culvert”. The dead body was recovered in consequence of this information. Is the statement of ‘A’ admissible against him? is it relevant against ‘B’ and ‘C’?
Facts of the Case A, B, and C are jointly accused of murdering D.While in police custody, A made a statement to the Sub-Inspector of […]
‘X’ was charged for killing his wife with an axe. Their son a child of four years was beside them. The prosecution produced the child as a witness. There was no other evidence. The court convicted ‘X’ on the basis of evidence of the child. Is the conviction valid? What is the legal position?
Facts of the Case X was charged with murdering his wife using an axe.At the time of the incident, their four-year-old son was present beside […]
A, an accused person disclosed an important information pertaining to alleged crime to his wife during the subsistence of marriage. Now the prosecution compelling the wife to give witness about the information disclosed by her husband. What is the privilege that the wife has?
Facts of the case A, who is an accused person in a criminal case, disclosed certain important information related to the alleged crime to his […]
A made a statement to B that he was the owner of a particular residential house. B, believed in it and purchased the property. In fact, A was not the owner at the time of sale but subsequently he inherited the property from his father. Can A simply plea that he was not the owner at the time of sale? What is the legal position?
Facts of the case A made a representation to B stating that he was the owner of a particular residential house. Believing this statement to […]
In a civil case the Plaintiff brought a xerox copy of the original mortgage deed as an evidence. Is it possible to admit xerox copy of the original? If so, what are the circumstances that xerox copy can be admitted?
Facts of the Case Issues of the Case Legal Principles Covered A. Sections 61 to 65 of the Indian Evidence Act Section 61 – Proof […]
There is a dispute between A and B (neighbours) with regard to the right of way and right of easement. A made a statement that he acquired the right of way since his great grand fathers. What is the relevant provision of the Indian Evidence Act to deal with relevancy and admissibility of A’s statement? Explain.
Facts of The Case Issues in the Case Legal Principles Covered (i) Section 32(4) — Statements of Persons Who Cannot Be Called as Witnesses This […]
Soon after commission of theft, stolen goods are found in possession of ‘X’. What type of presumption can be raised by the court in the trial of ‘X’? Refer to relevant provision of the Indian Evidence Act
Facts of The Case Issues in The Case Legal Principles Covered (i) Section 114 — Court May Presume Certain Facts (Illustration (a)) The most important […]
‘A’ agrees, in writing, to sell his car to ‘B’ for Rs. 1,00,000/- or Rs. 1,50,000/-. ‘A’ tries to produce oral evidence to show which price was to be given. Is it permissible? Discuss.
Facts of The Case Issues in The Case Legal Principles Covered (i) Section 91 — Evidence of Terms of Contracts, Grants and Dispositions of Property […]