Law in laymen’s understanding is specific and defined by a rule book, leaving no scope presumptions or discretion. Oxford Advanced Learner’s Dictionary defines presumption as ‘something that is thought to be true or probable.’ The word ‘thought’ adds to it the element of subjectivity which leaves a capacity for it to be questioned. Whereas in…
Under Section 45,[1] Expert opinion is a kind of evidence which is based on the special skill or “knowledge” of an expert. Such an opinion is basically an opinion based on facts. When the court deems it to be necessary, it may call for the opinion of an expert who has such knowledge or training in…
According to Section 123 in the Indian Evidence Act, no one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit. From…
In civil litigation, the burden of proof of the parties refers to the fact that the parties need to produce evidence to prove the existence of the facts they claim. Section 101 states that whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which…
Section 45 to Section 51 under Chapter-II of the Indian Evidence Act provides applicability of opinion of third persons, which is commonly called as expert’s opinion. An expert witness is mainly used in common law countries such as United Kingdom, Australia, and United states. One who is specialized in a field that is similar to…
Introduction Evidence is anything that is presented in order to support an assertion, the term evidence is defined under section 3 of the Indian Evidence Act, 1872. All admissible evidences do not have the same evidentiary value attached to it. Evidences play the most important role in proving the guilt or innocence of a person…
Section 111 in the Indian Evidence Act, 1872, the good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney. Section 111 is a general provision and is not confined to contracts. There is a related…
Whether DNA fingerprint is unconstitutional or against self incrimination is well answered by the court in the case of State of Bombay v. Kathi Kallu Oghad verdict. The ratio decidendi of this case states that providing evidence cannot be considered as witness against himself. Hence it does not transgress Article 20(3) of the constitution. The…
INTRODUCTION Section 5 of the Indian Evidence Act lays down that evidence may be given of fact in issue and relevant fact described under S. 6 states: “Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the…
Hearsay evidence can be described as secondary evidence of an oral statement. The evidence that is presented before the Court can be categorized as original and unoriginal. Unoriginal evidence is also called hearsay, derivative or transmitted evidence. It is the one which a witness merely reports on the basis of not what he saw himself…
