Tag: 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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The Sci-Hub case: Lessons for policy and lawmakers
We, humans, love stories; so much so that we built our whole social, cultural, and economic structures around fictional stories. The story of democracy, the story of justice, the story of nation-states, and the list keeps growing. We can’t touch ‘democracy’, we can’t see ‘justice’, yet we chose to believe in them – and our…
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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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Evidentiary Standards under Section 3(3) of The Competition Act, 2002
Section 3(3) of The Competition Act, 2002, deals with anti-competitive agreements between enterprises that are engaged in the same trade. To satisfy this provision, all that needs to be proved is the existence of an agreement, a decision or a practice carried on, that would lead to any of the anti-competitive outcomes mentioned in clause…
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