Meaning and Legal Relevance of Pre-Conceived Notion Bias Pre-conceived notion bias refers to a mental tendency where a decision-maker forms an opinion before objectively examining […]
Tag: Evidence Act
6. Essentials of Hearing Process
Meaning and Legal Basis of Hearing Process The hearing process forms the backbone of procedural justice. It flows directly from the principle of natural justice […]
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 […]
‘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 […]
‘X’ is the land owner of suit property, alleged Y-Defendent encroached upon his land. Who has to prove the land in question belongs to them?
Facts of the Case Issues in the Case Legal Principles Covered to Support Case Proceedings and Judgments A. Section 101 – Burden of Proof (Indian […]
X and Y were recognized by all persons as Husband and Wife and their daughters are married, as in case of legitimate children. Whether marriage is valid or examination of family members necessary?
Facts of the Case Issues in the Case Legal Principles Covered to Support Case Proceedings and Judgments A. Section 114, Indian Evidence Act — Presumption […]
‘X’ police officer at the scene of offence prepared a sketch map relying on the statements made by witnesses. Whether it is admissible or not.
Facts of the Case Issues in the Case Legal Principles Covered to Support Case Proceedings and Judgments A. Relevant Provisions of the Indian Evidence Act […]
Judicial Magistrate was unavailable. Doctor recorded dying declaration. Whether fitness certificate is necessary for validity of Dying Declaration to sustain conviction.
Facts of the Case Issues in the Case Legal Principles Covered to Support Case Proceedings and Judgments A. Section 32(1) – Statements by Persons Who […]
A sues B, on an agreement and gives B notice to produce it. At the trail A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. Can he do so? Refer to the provisions of law of evidence.
Facts of the Case The legal question is whether B can produce the document after refusing to produce it earlier. Issues in the Case Legal […]
‘A’ is accused of cheating ‘B’ by placing an order and receiving goods with intention of not paying for them. The evidence is sought to be given when on previous occasions A placed order for some goods, received the same and did not pay in due time. Will those previous instances be relevant and if so, under which provision of the Indian Evidence Act?
Facts of the Case ‘A’ is accused of cheating ‘B’ by placing an order for certain goods, receiving the goods, and dishonestly failing to pay […]