Doctrine of Plea Alibi under Evidence Act
Introduction: Object of Section 11 of the Indian Evidence Act, 1872 is to admit those facts which will help in sorting fact in issue even
Anil Sharma HPS
December 1, 2023
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Law of Conspiracy under Section 10 IEA
Introduction: Section 10 deals with the admissibility of evidence in a conspiracy case and is based on the theory of implied agency i.e. every conspirator
Anil Sharma HPS
December 1, 2023
Procedure of Test Identification Parade under Evidence Act
According to Section 9 Facts which establish the identity of anything or person whose identity is relevant, Where the court has to know the identity
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December 1, 2023
Section 9 : Facts necessary to explain or introduce relevant facts
Introduction: Sec. 9 deals with relevancy of facts which are introductory or explanatory in nature, or supports or rebuts a fact in issue or a
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December 1, 2023
Section 8 Indian Evidence Act: Motive, Preparation and Conduct
Introduction: Section 8 Indian Evidence Act, 1872 deals with the relevancy of motive, preparation, previous conduct (conduct of accused before the commission of offence) and
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December 1, 2023
Occasion, Cause or Effect of Facts in Issue Section 7
Facts which are the Occasion, Cause or Effect of Facts in Issue (Section 7) According to Sec. 7, the following facts are relevant.- facts which
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December 1, 2023
Doctrine of Res Gestae under Evidence Act 1872
Walking on the edges of the footpath, you hear a screeching voice of a woman, turn to the left and exclaim in shock “oh my god, someone help” when you witness her being robbed off by a gang of four men. Will your statement be admissible in the eyes of law?”
Section 6 of Evidence Act embodied the concept of Res Gestae.
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December 1, 2023
Special Case Section 90 CPC
Special Case (Sec. 90, Order 36) ‘Special case’ is one where parties do not institute a suit by presentation of a plaint, but they, claiming
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December 1, 2023
Interpleader Suit in Code of Civil Procedure 1908
An interpleader suit is one in which the real dispute is between the defendants only and the defendants interplead (i.e., plead against each other), instead of pleading against the plaintiff as in an ordinary suit.
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December 1, 2023
Principle of Estoppel under Evidence Act
In this article we will discuss the provision regarding estoppel as enumerated under section 115 to 117 of Indian Evidence act along with its exceptions and relevant case laws
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December 1, 2023
RELEVANCY OF EXTRA JUDICIAL CONFESSION
The Extra-Judicial Confession should be truthful and made voluntary without any suppression. Since it is week evidence so it must be examined by the court with proper care and caution, the proper scrutiny is required for the establishment of evidence.
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December 1, 2023
Reference Section 113 Order 46 of Code of Civil Procedure
Only a court can refer a case either on an application of a party or suo motu. “Court” means a Court of Civil Judicature. A tribunal or persona designate can not be said to be a “court” and no reference can be made by them.
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December 1, 2023
Attendance and Interrogation of witnesses (Section 160-163)
Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself
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December 1, 2023
Nature of statues and their classification
Introduction A statute is a written law passed by a legislature on the state or federal level. Statutes set forth general propositions of law that
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November 28, 2023
Process to compel the Production of Things
Introduction For there to be justice delivered, it is important that proper procedure is followed. And it is important that the procedure followed should be
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November 28, 2023
DIFFERENCE BETWEEN ACQUITTAL AND DISCHARGE
As per Section 239, if, upon considering the POLICE REPORT and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary
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November 28, 2023
Acquittal based on benefit of doubt and Honorable Acquittal
The mere fact of an acquittal would not suffice but rather it would depend on whether it is a clean acquittal based on the total absence of evidence or in the criminal jurisprudence
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November 28, 2023
DIFFERENCE BETWEEN PAROLE AND PROBATION
Parole is one in which the prisoner is unconfined from the prison either momentarily or permanently, earlier the end of the judgment, subject to good conduct.
Anil Sharma HPS
November 28, 2023