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According to Section 123 in the Indian Evidence Act, no one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or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…
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…
The country’s judicial system is loaded with baseless and bogus claims, and these petitioners are wasting the time of the courts for the wrong reasons. The legal system is plagued by false allegations and faux claims. Perjury has become an usual practice. False statements are commonly given, and falsified documents are submitted in Courts without any regard for…
It is disheartening to point out that the prestigious Apex Court of our country has not been keeping any public records of its proceedings. Since it didn’t broadcast live and due to security and space issues, a general citizen couldn’t enter without a pass and legal scholars couldn’t attend on Mondays and Fridays when the…
Introduction Experts can be of great assistance to Magistrates and juries in aiding them to determine the issues in a case, including the guilt or innocence of an accused. Prosecutors will require the appropriate knowledge and understanding of the evidence in question to present and challenge expert evidence. The purpose of this Guidance is to…
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– Estoppel has been derived from English word ‘estop’. Section 115 of the EvidenceAct are in one sense a rule of evidence and are founded upon the well -knowndoctrine laid down in Pickard v. Sears(1837). In this case Lord Chief JusticeDenman observed: “Where one by his word or conduct willfully causes another tobelieve for the…
