Category: Law

Presumption as to documents thirty years old:Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. Image Source: businessrecords.com ADVERTISEMENTS: Explanation: Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if…

Burden of proving that case of accused comes within exceptions:When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, (45 of 1860), or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Image Source: i.ytimg.com ADVERTISEMENTS: Illustrations: (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act.The burden of proof is on A.(b) A, accused of murder, alleges, that by grave and sudden provocation, he was deprived of the power of self-control.…

Legal procedures regarding Transfer of Criminal Cases from one Court to another in India are as follows:(i) Powers of the Supreme Court to transfer cases(ii) Powers of High Courts to transfer cases ADVERTISEMENTS: (iii) Powers of Sessions Judges to transfer cases(iv) Withdrawal of cases by a Judicial Magistrate(v) Transfer or withdrawal of cases by District Magistrate and Sub- Divisional Magistrates.All these five types of transfer are discussed below in necessary details. Image Source: transfer-solutions.info (i) Powers of the Supreme Court to transfer cases: ADVERTISEMENTS: S. 406 of the Code provides that whenever it is made to appear to the Supreme Court that it is expedient to do so for the ends of justice, it may direct that a particular case or appeal be transferred—(a) From one High Court to another…

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,…

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…

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.…

Cross-examination as to previous statements in writing:A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him. Image Source: attorneyjournal.us ADVERTISEMENTS: Comments: Scope: Section 145 is to deal with one of the methods of impeaching the credit of witness. Under Exception 2 of Section 153 of the Evidence Act a witness may be asked any question tending to impeach his impartiality. It permits oral statement to be used for…

Question by party to his own witness:(1) The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party. Image Source: images.latintimes.com ADVERTISEMENTS: (2) Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness.Comments: Principle: Section 154 allows a party calling a witness may, with the permission of the court, put leading questions and cross-examine him when it is found that he is a hostile or unwilling to answer questions put to him. It is discretion of the court to allow party to cross-examine his own witness. In trial of an election petition under R.P. Act the provisions of…

Section 145 of the Code of Criminal Procedure contains certain important provisions regarding cases of disputes concerning land or water, which are likely to cause a breach of peace. It provides that whenever an Executive Magistrate is satisfied, either from a report of a Police Officer, or upon other information, that a dispute which is likely to cause a breach of the peace exists, concerning any land or water or the boundaries thereof, within his local jurisdiction, he must make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned to attend his Court, in person or by a pleader, on a specified date and time, and to put in written statements of their respective claims as regards the fact of actual possession…

Whenever a local inquiry is necessary for the purpose of Ss. 145, 146 or 147, the District Magistrate or the Sub-Divisional Magistrate may depute any subordinate Magistrate to make an inquiry, furnish him with the necessary written instructions for his guidance, and declare by whom the whole or any part of the necessary expenses are to be paid. Image Source: i.ytimg.comThe report of the person so deputed can be read as evidence in the case. (S. 148) ADVERTISEMENTS: Specimen Orders:1. The following is a specimen of a Magistrate’s Order under S. 145 declaring a party entitled to retain possession of land, etc., in dispute:It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between (describe the parties by name…