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20
SEP
2023

Scope And Extent of Review Jurisdiction of the Court

The dictionary meaning of the word review is “the act of looking, offer something again with a view to correction or improvement”. As explained by the Apex Court in S. Nagraj and others v. State of Karnataka and another 1993 Supp (4) SCC 595, review literally and even...
10
JAN
2023

Evidentiary Value of Confession or Disclosure Statement Made by Accused

The subject of confession is not defined in the Indian law. As per Article 22 of Stephen’s Digest of the Law of Evidence, Confession is defined as “an admission made at any time by a person charged with crime, stating or suggesting the inference that he committed that...
14
MAY
2022

Legal And Functional Perspective of Primary Evidence

It is a cumbersome task to classify the documents into various categories. The wisdom of the legislature in the year 1872 has to be appreciated in this regard. Not only the classification of documents into different categories have been made but it is equally a tedious task to...
03
JUN
2021

Analysis of Law of Recovery Under the Indian Evidence Act

In my opinion, the process of recovery should be used in criminal trials but with reasonable restrictions. When we talk about the process of recovery which is derived from the theory of subsequent facts it becomes all the more important to refer to Section 27[1*] which states...
12
MAY
2021

Secondary Evidence

Satyameva Jayate (Literally: “Truth Stands Invincible”) is a mantra from the ancient scripture Mundaka Upanishad. Upon independence of India, it was adopted as the national motto of India. It is inscribed in Devanagari script at the base of the national emblem. The...
28
AUG
2020

Necessity For Permission To Lead Secondary Evidence

Every Case, whether civil or criminal, depends upon the evidence lead in the case. It is the quality of evidence that decides the fate of the case. The Quantity of evidence is immaterial to decide the fate of the case. The study of Indian Evidence Act,1872 is most essential for a...
16
MAR
2020

Whether confessional statement under section 67 NDPS Act is admissible in evidence?

16TH September, 1985….. the date when the Indian legislature enacted an act in order to make stringent provisions for the control of operations relating to narcotic drugs and psychotropic substances, to implement provisions of the International Conventions on Narcotic Drugs...
15
OCT
2019

Does Section 27 of Indian Evidence Act, 1872 Need an Amendment?

Suppose a person X is an accused in the offence of commission of murdering Z and he has been arrested by the police. During investigation, X confesses in police custody that he has committed murder of B by giving him knife blow in his stomach and after the murder, he concealed...
31
JUL
2019

Volunteering Information

Court cases are always decided on the basis of the evidence recorded in the case. No effective judgment can be passed by the court without recording and appreciating the evidence fortifying the facts of the case. The trial of a civil case starts after framing of issues with the...
19
APR
2019

Falsus in uno and falsus in omnibus with regard to grounds of ejectment under the Rent Acts and Under the Law of Evidence Act

Almost all the rent Acts applicable in India provides more than one ground of ejectment. Thus where the landlord in the ejectment application has taken more than one ground of ejectment and if one of the ground has been found to be false then whether the ejectment application...
12