The burden of proof means the obligation to prove a fact. The strict meaning of the term burden of proof (onus probandi) is this, that if no evidence is given by the party on whom the burden is passed the issue must be found against him. The expression burden of really means two different things.…
Section 63 of the Indian Evidence Act, 1872 says about secondary evidence. It includes many sections or types they include: Certified copies given under the provisions in the evidence act: Section 76 of the Evidence Act lays down that every public officer having custody of a public document shall give to a person, on…
Oral evidence is the evidence which is confined to words spoken by mouth. Oral evidence, if worthy of credit, is sufficient without documentary evidence to prove a fact or title. Where a fact may be proved by oral evidence is not necessary that the statement of the witness should be oral. Any method of communicating…
The word ‘hearsay’ is used in various senses. Sometimes it means whatever a person is heard to say; sometimes it means whatever a person declares on information given by someone else-Stephen. The term ‘hearsay’ is used with references to that which is written as well as that which is spoken, and in its legal sense,…
Introduction When two or more parties enter into a contract, there arises some obligation. Sometimes , the promisor becomes bound to his promise, not on the basis of contract, it may on the basis of the application of law of estoppel. The rule of promissory estoppel is that whenever a person with a contractual right…
INTRODUCTION Admission as defined under section 17 of the Indian Evidence Act: “An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances hereinafter mentioned.” The definition…
LAW OF EVIDENCE “The way that an assessment has been generally held is no proof whatever that it isn’t completely silly.“ WHO IS TH FATHER OF LAW OF EVIDENCE? The Indian Evidence Act presented a standard arrangement of law pertinent to all Indians. The law is chiefly founded on the firm work by Sir James…
INTRODUCTIONThe proposed amendments to the Competition Act, 2002 were released by the Ministry of Corporate Affairs (MCA). For the purpose of analysing the Act and related laws and regulations, the MCA established an independent, powerful committee known as the Competition Law Review Committee (CLRC). The CLRC recommended various revisions to the Act’s substantive and procedural…
INTRODUCTIONThe Imperial Legislative Council of India passed the Indian Evidence Act in 1872, during the British Raj, and it contains a set of regulations and related concerns governing admissibility of evidence in Indian courts of law.The Indian Evidence Act, also known as Act No. 1 of 1872 or the Indian Evidence Act, 1872, was enacted…
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…
