Category: Essays

When oral admissions as to contents of documents are relevant:Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. Image Source: i.ytimg.com ADVERTISEMENTS: Comments: Section 22 lays down that the contents of the documents can be proved by the documents itself and not by oral evidence. The contents of a document capable of being produced must be proved by the instrument and not by parole evidence.Under the provisions of the Evidence Act the contents of the documents are proved either by primary evidence or by secondary evidence. According…

Previous bad character not relevant, except in reply:In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Image Source: pre12.deviantart.net ADVERTISEMENTS: Explanation 1:This section does not apply to cases in which the bad character of any person is itself a fact in issue.Explanation 2:A previous conviction is relevant as evidence of bad character. ADVERTISEMENTS: Comments: Scope:In a criminal trial it is the principle that the good character of the accused is relevant. Section 54 lays down that the prosecution cannot lead evidence of bad character of the accused unless the accused leads evidence of his good character.Principle: ADVERTISEMENTS: Under this section the prosecution can give evidence of bad…

Burden of proving death of person known to have been alive within thirty years:When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Image Source” images.rapgenius.com ADVERTISEMENTS: Comments: Sections 107 and 108 have to be read together, because both the sections are complementary to each other. Section 107 is based on the principle of continuity of life whereas Section 108 is regarded as proviso to Section 107. Whereas Section 107 deals with the presumption of continuance of life, Section 108 with the presumption of death. Section 107 is merely a deduction from this presumption.Principle:Section 107 lays down that if a person is proved…

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:…

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…

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…

What matters may be proved in connection with proved statement relevant under sections 32 or 33:Whenever any statement, relevant under sections 32 or 33, is proved, all matters may be proved, either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross- examination of the truth matter suggested. Image Source: jessicawluther.com ADVERTISEMENTS: Comments: Under section 158 when any statement of a person, who is dead or cannot be found, is relevant under sections 32 or 33, and have been proved, then all matters may be proved either: (a) to corroborate, or (b) to contradict 0Ã (c)…

Impeaching credit of witness:The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him:— Image Source: blogdoamstalden.files.wordpress.com ADVERTISEMENTS: (1) By the evidence of persons who testify that they, from their knowledge of the witness believe him to be unworthy of credit;(2) By proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;(3) By proof of former statements inconsistent with any part of his evidence which is liable to be contradicted;Explanation: ADVERTISEMENTS: A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked…

Indecent and scandalous questions:The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed. Image Source: s3.amazonaws.com ADVERTISEMENTS: Comments: Section 151 confers power upon the court to forbid putting any question which is indecent or scandalous. The court may stop it if it appears to be indecent or scandalous in the opinion of the court. Such question may be put to the witness during cross-examination when it relates to facts in issue or is necessarily connected with them.The Supreme Court considered such question being improper…

Flood is the recurring phenomena in some part of India every year. About 60 per cent of the flood damage in the country occurs from river floods while 40 per cent is due to heavy rainfall and cyclones. Damage by Himalayan rivers account for 60 per cent of the total damage in the country. Floods accounts for about half the destruction wrought by natural hazards every year. Image Source: southerndiscomfortzine.files.wordpress.comThe Indian sub-continent has seen world’s worst flood related destruction over the years. The Ganga and the Brahmaputra have annually flooded vast tracks of land for millennia. Bloated by heavy monsoons and the Himalayan snowmelt Subcontinent Rivers, big and small cause much havoc. Their intensity and fury has been increasing mainly due to deforestation. Denuded forests and other vegetative cover no…