Category: Law of Evidence
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When Defendant can lead Evidence before Plaintiff in a Civil Suit
It is well known in civil cases that plaintiff is the master of the suit and he has to win the case on his own legs. It follows that since plaintiff comes up with a claim before the court, he owes the burden to prove the material particulars in his favour to get a decree…
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Exclusionary Rules and Illegally Obtained Evidence
1. Introduction: Exclusionary rules The exclusionary rules permit an accused to prevent the prosecution from introducing at trial otherwise admissible evidence that was obtained in violation of the Constitution.[i] The rationale behind these rules is the expectation that law enforcement officers will refrain from engaging in unlawful evidence-gathering techniques if they are aware that the…
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Presumption under the Indian Evidence Law: A Critical Relook
The operation of presumptions is a wide, as well as an intricate, matter to study despite there being no dearth of academic study on it. Its application and consequences are equally humongous, not to mention the impact on the burden of proof. Having said that, presumption is of various types. Application of each type of…
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Balancing the admittance of illicitly obtained evidence through the lure of the remedy provided by the poisonous fruit
Introduction At times, the functionaries of the state may indulge in illegal methods for obtaining evidence in their zeal to bring the culprits to book. The evidence may be reliable, yet it raises the question of admissibility because it is tainted with illegality. The Indian Evidence Act does not give an answer to this question,…
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Relevancy and Probative Value of Entries in Books of Accounts: Deconstructing Section 34 of Indian Evidence Act
Introduction Section 34 of Indian Evidence Act provides that: Entries in books of accounts 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 shall not alone be sufficient evidence to charge any…
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Expert Evidence: Moving Forward in Pursuit of Justice
ORIGINS OF EXPERT EVIDENCE: THE INDIAN EVIDENCE ACT James Fitzjames Stephen has been given credit for drafting an exhaustive Evidence Act, one that many say was ahead of its time. It is definitely a testament to the drafters that the Act is one of the least amended legislations in India. While many sections were taken…
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