Category «Indian Law»

PRESUMPTIONS | INDIAN EVIDENCE ACT

MEANING OF PRESUMPTIONS:– Presumption is an inference drawn by the court as to the truth of a particular fact from other known or proved facts. There are two types of Presumptions— 1. Presumptions of Fact; AND 2. Presumptions of Law. ESSENTIAL ELEMENTS OF PRESUMPTION OF FACT AND LAW:- 1. Presumptions of Facts are also known Read More

ALIBI SECTION 11| INDIAN EVIDENCE ACT

Alibi is a Latin word, which means elsewhere. It is used when the accused takes the plea that when the occurrence took place he was elsewhere. In such a situation the prosecution has to discharge the burden satisfactorily. Once the prosecution is successful in discharging the burden it is incumbent on the accused who takes Read More

BAIL

 BAIL SECTION 496 OF Criminal Procedure Code: Bail is composed consent conceding a man accused of a criminal offense to be out of prison while they sit tight for their trial or some other outcome for their situation from a court. Criminal Procedure Code, 1973-Appeal Safeguard which is once conceded can be drop just when Read More

EXPERT EVIDENCE | JUDICIAL NOTICE

EXPERT EVIDENCE SECTION 45 & 46:- Expert evidence is considered to be relevant under the evidence act but not declared to be Conclusive proof. INDIAN EVIDENCE ACT, 1872 SOME OF THE EXPERT EVIDENCE ARE:- a. Forensic Experts; Calligraphy Experts; Serology Experts; AND Explosives Experts etc. Expert Evidence can be given on matters relating to science, Read More

TEST IDENTIFICATION PARADE

TEST IDENTIFICATION PARADE Evidence | Types of Evidence Test Identification Parade of persons is relevant under the Section 9 of Indian Evidence Act. Facts introducing a facts-in-issue or relevant facts. Facts explaining the facts-in-issue are relevant facts. Facts supporting or rebutting an inference suggested by facts-in-issue are relevant facts. Facts establishing the identity of a Read More

EVIDENCE | TYPES OF EVIDENCE

1. As per Section 3 Evidence means all statements of witnesses permitted by the court in relation to facts under inquiry. 2. Further the Sections says, Evidence means all documents produced for the impaction of the courts. 3. As per this definition evidence is of two types:- a. Oral Evidence; b. Documentary Evidence. 4. The Read More

INDIAN EVIDENCE ACT, 1872

INDIAN EVIDENCE ACT, 1872 SALIENT FEATURES OF INDIAN EVIDENCE ACT, 1872:- Indian Evidence Act came into force on 01.September.1872. It has been drafted by Sir James Fitzrald Stephen, an English man. It consists of 167 Sections. It is applicable to the whole of India except Jammu and Kashmir. PUBLIC AND PRIVATE DOCUMENTS INDIAN EVIDENCE ACT  Read More

PUBLIC AND PRIVATE DOCUMENTS

PUBLIC DOCUMENTS & PRIVATE DOCUMENTS- INDIAN EVIDENCE ACT, 1872. INDIAN EVIDENCE ACT, 1872   PUBLIC DOCUMENTS — SECTION 74 – Documents forming the acts recorded of the Acts:- Of the Sovereign authority—Acts of the State; Of official bodies & tribunals; AND Of Public Officers, Legislature, Judicial & Executive or of Foreign Country. Public records kept Read More

NEGOTIABLE INSTRUMENTS ACT,1881

NEGOTIABLE INSTRUMENTS ACT– IT MEANS TRANSFERABLE. INTRODUCTION:- 1660-1858 — East India Company was doing business. 1834- First Law Commission 1854- Second Law Commission 1861- Third Law Commission 1881– Fourth Law Commission passed Negotiable Instruments Act. Negotiable Instruments was introduced in 1881 keeping in view of East India Company profits. Negotiable Instruments Act, 1881 was amended Read More

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