27Sep 2018 by admin

Section 110 of the Indian Evidence Act, 1872

Law
Burden of proof as to ownership:When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner. Image Source: raincitychurch.com ADVERTISEMENTS: Comments: Principle:Possession is a prima facie proof of ownership. It is an evidence of complete title. Section 110 has incorporated this principle. But this principle does not apply when possession is obtained by fraud or force. Mere wrongful possession is insufficient to shift the burden of proof. According to this section when a person is shown to be in possession of any property, the presumption is that he is the owner of that property. If anybody denies his ownership,…
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27Sep 2018 by admin

Section 117 of the Indian Evidence Act, 1872

Essays
Estoppel of acceptor of bill of exchange, bailee or licensee:No acceptor of a ‘bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: Explanation 1:The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn.Explanation 2: ADVERTISEMENTS: If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.Comments:…
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27Sep 2018 by admin

Section 121 of the Indian Evidence Act, 1872

Essays
Judges and Magistrates:No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. Image Source: static1.businessinsider.com ADVERTISEMENTS: Illustrations: (a) A, on his trial before the Court of Sessions, says that a deposition was improperly taken by B, the Magistrate. Â cannot be compelled to answer questions as to this, except upon the special order of a superior Court.(b) A is accused before the Court of Sessions of having given false…
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27Sep 2018 by admin

Order for maintenance of wives and children (Section 125 of CrPc)

Finance
Legal provisions regarding order for maintenance of wives and children under section 125 of the Code of Criminal Procedure, 1973.The maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy leading to the commission of crime and starvation by compelling those who can do so to support those who are unable to support themselves and who have a moral claim to support. The provisions of maintenance of the Code of Criminal Procedure are applicable to persons belonging to all religions and have no relationship with the personal laws of the parties. Image Source: sengifted.org ADVERTISEMENTS: (1) Persons entitled to claim maintenance:According to Section 125(1) of the Code, the following persons are entitled to claim maintenance under certain circumstances:(i) Wife:As per Section 125(l) (a) of…
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27Sep 2018 by admin

Legal Provisions Regarding Complaints to Magistrate by Private Persons in India

Law
Section 200 to 203 of the Code of Criminal Procedure lays down the procedure regulating complaints made by private persons. If a Magistrate takes cognizance of an offence on a complaint, he must first of all examine the complainant and witnesses, if any, on oath, and must then reduce the substance of such examination into writing. This must also be signed by the complainant, the witnesses, and also by the Magistrate. Image Source: national.wfgnationaltitle.comThe procedure to be adopted when a complaint is lodged, as laid down in Ss. 200-203, is briefly as follows: ADVERTISEMENTS: (i) Under S. 200, the Magistrate must examine on oath, the complainant and his witnesses, if any, at sufficient length, to satisfy himself as to the veracity of the complaint, or as to any points on…
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27Sep 2018 by admin

Useful Notes on Section 129 of Code of Criminal Procedure – “Unlawful Assembly”

Government
Section 129 provides that any Executive Magistrate or Officer in charge of a Police Station (and in the absence of such an Officer, any Police Officer not below the rank of a Sub-Inspector) may command any unlawful assembly, or any assembly of five or more persons, likely to cause a disturbance of the public peace, to disperse. If he does so, it becomes the duty of the members of such an assembly to disperse accordingly. Image Source: upload.wikimedia.orgIf they do not, the Executive Magistrate or Police Officer may proceed to disperse such an assembly by force, and may require the assistance of any male person (not being an Officer or member of the Armed Forces) for dispersing the assembly, and if necessary, for arresting the persons forming part of such…
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27Sep 2018 by admin

Section 126 of the Indian Evidence Act, 1872

Communications
Professional Communications:No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment: Image Source: democraticvoices.com ADVERTISEMENTS: Provided that nothing in this section shall protect from disclosure:—(1) Any such communication made in furtherance of any illegal purpose;(2) Any fact observed by any barrister, pleader, attorney…
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27Sep 2018 by admin

Section 124 of the Indian Evidence Act, 1872

Communications
Official communications:No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure. Image Source: assets.nydailynews.com ADVERTISEMENTS: Comments: Principle:Section 124 lays down that a public officer cannot be compelled to disclose any communication made to him in confidence, if he considers that the public interest will suffer by such disclosure. This section is mainly confined to public officers. Any communication made to public officer in confidence is the essence of the section and its disclosure may lead to great public injury. Every citizen has a right to know how the State is functioning and why the State is withholding such information in such matters. The privilege extends only to communication upon the subject with respect…
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27Sep 2018 by admin

Section 138 of the Indian Evidence Act, 1872

Essays
Order of examinations:Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross- examined, then (if the party calling him so desires) re-examined. Image Source: i.ytimg.com ADVERTISEMENTS: The examination and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.Direction of re-examination:The re-examination shall be directed to the explanation of matters referred to in cross- examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross- examine upon that matter.Comments: ADVERTISEMENTS: Section 138 lays down the manner of examining a particular witness and creates distinct rights, viz. examination-in-chief, cross-examination and re-examination so far as examination of witness is concerned. The examination-in-chief, cross- examination, and re-examination…
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27Sep 2018 by admin

Section 139 of the Indian Evidence Act, 1872

Law
Cross-examination of person called to produce a document:A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. Image Source: media-cdn.timesfreepress.com ADVERTISEMENTS: Comments: A witness summoned to produce a document cannot be a witness for the purpose of cross-examination. He may either produce the document personally or may depute any person to produce the document. Under section 139 such witness can be cross-examined only when he is called as witness. An accused cannot be compelled to produce document in his possession. Where wife of a partner was called upon to produce the deed of dissolution of the firm she was not permitted to be examined as a witness.…
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