Tag: Evidence Act

After commission of an offence, the husband informed his wife as to the circumstances in which he has committed it. In the trial, the prosecution wants to produce the wife of accused as a witness to disclose what has been communicated to her by her husband. Is it permissible? Discuss.

Facts of the Case After the commission of an offence, the husband informed his wife about the circumstances in which he committed the offence. During […]

In a case of custodial rape, where sexual intercourse by the accused is proved, the prosecutrix stated in the court that she had not consented to sexual act. What type of presumption can be raised by the court in this regard? What is the effect of such a presumption?

Facts of the Case In a case of custodial rape, the accused is proven to have had sexual intercourse with the prosecutrix while she was […]

In a case between ‘X’ and ‘Y’, the court saving jurisdiction over insolvency proceedings adjudged ‘Y’ as an insolvent. ‘Z’ another creditor of ‘Y’ filed a suit against ‘Y’ for recovery of the loan amount. is the judgment of the court that ‘Y’ is an adjudged insolvent binding on ‘Z’? Discuss.

Facts of the Case ‘X’ and ‘Y’ were involved in insolvency proceedings before a court of competent jurisdiction. The court adjudged ‘Y’ as an insolvent, […]

‘A’ is accused of burning down his house in order to obtain money for which it is insured. It has which a fire occurred, and after each of which fires ‘A’ received payment from a different been alleged that ‘A’ lived in several houses successively each of which he insured, in each of insurance company. Are they relevant facts? Refer to the relevant provision of the Evidence Act.

Facts of the Case ‘A’ is accused of deliberately burning down his own house with the intention of obtaining insurance money. During the investigation, it […]

A prostitute was murdered while she was asleep at her home by slitting the throat with a razor She was taken to hospital where her mother, surgeon and Magistrate put questions to her about the identity of the accused. She was unable to speak because of the injury to the throat but was in a position to respond by signs or gestures of her hand. She made a negative sign when some names were mentioned, but made a positive sign when the name of accused was mentioned. Later she died. Discuss the evidentiary value of the signs and gestures made by her.

Facts of the Case A woman, who was a prostitute by profession, was attacked in her house while she was asleep. Her throat was slit […]

In a case of insolvency proceeding between ‘A’ and ‘B’, the court of competent jurisdiction adjudged ‘A’ as an insolvent. Thereafter ‘C’ another creditor filed a case against ‘A’ for recovery of the loan amount. What is the legal status of the judgment given by the court between ‘A’ and ‘P’? Is it binding on ‘C’? Discuss.

Facts of the Case An insolvency proceeding was initiated between ‘A’ (debtor) and ‘B’ (creditor) before a court of competent jurisdiction. After due consideration, the […]