07Oct 2018 by Reese Bannister

Statements which become relevant on account of the special circumstances in which they are made under Section 34 – 39 of the Indian Evidence Act

Common Law
There are five kinds of statements which become relevant on account of the special circumstances in which they are made. Image Source: media1.fdncms.com1. Regular entries in account books (S. 34): ADVERTISEMENTS: Entries in books of account, including those maintained in an electronic form, regularly kept in the course of business, are relevant, whenever they refer to a matter into which the Court has to inquire; but such statements are not alone sufficient evidence to charge any person with liability.Illustration: A sues 6 for Rs. 1,000, and shows entries in his account book showing  to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.This section is based upon the principle that entries made regularly in the course…
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07Oct 2018 by Reese Bannister

How much of a Statement is to be proved under Indian Evidence Act, 1872?

Law
Section 39 of the Indian Evidence Act, 1872:When any statement of which evidence is given— Image Source: verafiles.org ADVERTISEMENTS: (a) Forms part of:(i) A longer statement or(ii) A conversation, or(iii) An isolated document, or ADVERTISEMENTS: (b) Is contained in a document which forms part of a book, or(c) Is contained in a part of an electronic record or of a connected series of letters or papers, evidence can be given of so much (and no more) of the statement, conversation, document, electronic record, books or series of letters or papers, as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.This rule is broad-based on justice and convenience. In the absence…
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07Oct 2018 by Reese Bannister

Conclusive Proof under the Indian Evidence Act, 1872

Marriage
There are three sections in the Act which deal with conclusive proof, viz., Ss. 41, 112 and 113. The contents of these sections are discussed below. Image Source: 3.bp.blogspot.com1. Judgments in probate and other jurisdictions (S. 41): ADVERTISEMENTS: A final judgment, order or decree of a competent Court, in the exercise of its.(i) Probate,(ii) Matrimonial,(iii) Admiralty, or ADVERTISEMENTS: (iv) Insolvency jurisdictionNot against any specified person, but absolutely (i.e., in rem)Is conclusive proof—(a) That any legal character ADVERTISEMENTS: (i) Which it confers, accrued at that time when such judgment, decree or order came into operation;(ii) Which it declares any such person to be entitled to, accrued to him at the time when such judg­ment, decree or order declares it to have accrued to him;(iii) Which it takes away from any person,…
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07Oct 2018 by Reese Bannister

Doctrine of Estoppel under the Indian Evidence Act, 1872

Law
When a person has —By his(i) Declaration Image Source: 3.bp.blogspot.com ADVERTISEMENTS: (ii) Act, or(iii) OmissionIntentionally caused or permitted or another person ADVERTISEMENTS: (i) To believe a thing to be true, and(ii) To act upon such belief,—Neither (i) he, nor (ii) his representative can be allowed to deny the truth of that thing in a suit or proceeding between himself and such person or his representative.Illustration: ADVERTISEMENTS: A intentionally and falsely leads  to believe that certain land belongs to A, and A seeks to set aside the sale on the ground that at the time of the sale, he had no title. He must not be allowed to prove his want to title.Principle of Section 115:Estoppel is based on the principle that it would be most inequitable and unjust that…
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07Oct 2018 by Reese Bannister

Presumption as to dowry deaths under Section 113-B of Indian Evidence Act

Marriage
Under S. 113-B, when the question is whether a person has committed the dowry death of a woman, and it is shown that, soon before her death she had been subjected by that person to cruelty or harassment in connection with any demand for dowry, the Court shall presume that such a person had caused the dowry death. (The term “dowry death” has the same meaning as in S. 504-B of the Indian Penal Code.) Image Source: kundansrivastava.comS. 113-B raises a presumption of guilt against any person who has been proved to have subjected the deceased woman, soon before her death, to cruelty or harassment, in connection with dowry. Needless to state, it is a presumption intended to be raised against the husband and his relatives in the case of…
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07Oct 2018 by Reese Bannister

13 Important Function of Purchasing Department of an Organisation

Accounting
The purchasing department is an organisational unit of a firm whose duties include some part or all of the purchasing function. This disconnection between function and, department is not always appreciated or understood by top management. image source: i.ytimg.comThe purchasing function is usually performed most economically and efficiently by a specialised, centralised purchasing department, directed by a skilled purchasing manager. ADVERTISEMENTS: However, the purchasing function does not have to be performed in such a manner. In theory, it can be performed, and in practice, it sometimes is performed by any number of different company officers or departments.The functions of purchasing department are varied and wide which are based upon different approaches. The purchasing activities may be divided into those that are always assigned to the purchasing department and those that…
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07Oct 2018 by Reese Bannister

Difference between a ‘Dying Declaration’ and a ‘Deposition’

Law
Difference between a ‘Dying Declaration’ and a ‘Deposition’ are as follows: Image Source: deriv.nls.uk1. A dying declaration is a statement made by a decea­sed person to anybody who happens to be present when it is made, whereas a dying deposition has to be made before a Magistrate and in the presence of the accused. ADVERTISEMENTS: 2. It follows, therefore, that a dying declaration is not made on oath, whereas, a dying deposition must be made on oath and before a person authorised by law to take evidence.3. A dying declaration is also not subject to cross- examination and therefore, is weaker than deposition, whereas, a dying deposition is subject to cross-examination, and therefore, stronger than a dying declaration.
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07Oct 2018 by Reese Bannister

The Non-Conventional Sources of Energy present in India – Essay

Marketing
India’s renewable energy installed capacity has grown at annual rate of 23% rising from about 3.9 GW in 2002-03 to about 24 GW in January 2012. The need for developing renewable and non-conventional energy was recognised in India, as in all industrialized countries, in the early 1970’s just after the first oil or energy crisis. Image Source: eco.on.caThe oil crisis was the sudden increase in oil prices by the petroleum-exporting countries of the Middle East which led to world-wide inflation. This caused a panic situation since petroleum had to be purchased at any price to keep the wheels of transport and industries moving. Concern over disruption has continued to be a major focus of energy policy in the industrialized countries. ADVERTISEMENTS: The energy crisis along with the realisation that petroleum…
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07Oct 2018 by Reese Bannister

Rights of Widowed Daughter-In-Law to Claim Maintenance under Hindu Law

Marriage
According to ancient texts the father-in-law was neither under any legal obligation nor any personal obligation to provide maintenance to widowed daughter-in-law. It was merely a moral obligation. If the father-in-law received some property by survivorship on the death of his son, who died leaving behind his widow, he would be under legal obligations to maintain the widow of such a son. Image Source: 1.bp.blogspot.comSection 19 of the Act does not laydown a personal obligation upon the father-in-law to maintain his son’s widow. It lays down only a moral obligation upon the father-in-law to maintain his daughter-in-law, but after the death of the father-in-law, whosoever inherits his self acquired property, is legally bound to maintain the daughter-in-law of such deceased person. ADVERTISEMENTS: According to Section 19, any Hindu whether her…
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07Oct 2018 by Reese Bannister

Interim Maintenance and Expenses under Hindu Marriage Act, 1955 – Section 24

Friends
Section 24 of the Act makes provision for the grant of maintenance pendente lite and expenses of the proceedings to either spouse. Such provision of maintenance in favour of a needy spouse applies irrespective of whether such spouse appeared as iniator of the proceeding or not. Image Source: i.ytimg.comOnce an order is passed under this section, no matter what happens in the petition thereafter, the liability to pay maintenance and expenses of the litigation in respect of the period during which the proceedings were pending cannot be avoided. The subsequent dismissal of the petition does not exonerate the liability already incurred. ADVERTISEMENTS: After the amendment the following provision shall also be inserted, that the application for the payment of the expenses of the proceeding and such monthly sum during the…
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