It is silent on the subject of board. A confession to be inadmissible under section 25 of Evidence Act a must relate to the same crime for which he is charged b must relate to another crime c may relate to the same crime or another crime d only a is correct and b is incorrect. You may attend India's best online coaching for judicial exams and take live lecture of Sir Rakesh Kapoor. Facts which are the occasion, cause or effect of facts in issue. Appreciation of such evidence would depend upon the strength and trustworthiness of witness. It is applicable to all the states of India except the state of. The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.
Declaration as to custom are admissible a under section 32 1 of Evidence Act b under section 32 2 of Evidence Act c under section 32 4 of Evidence Act d under section 32 7 of Evidence Act. In appropriate cases it may accept the evidence of identification even without insisting on corroboration. Inference can be drawn regarding proof of document by admission of parties either oral or other evidence; B. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant. Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer hereinafter referred to as the computer output shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. Several topics have been rewritten and existing comments have been elaborated taking into account the changes brought about by recent legislative amendments as well as judgments of higher courts.
To conclude a contract between parties, the acceptance must be communicated in some prescribed form. State of Maharashtra, 1997 2 Crimes 38 Bom. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B. When consideration is given simultaneously with promise, it is said to be present consideration. Privilege not waived by volunteering evidence. The fact that, soon after the commission of the crime, A absconded from his house, is relevant, under section 8, as conduct subsequent to and affected by facts in issue. It is proposed to prove that he denied the possession of the property.
Presumption of law can be either rebuttable or irrebuttable. The fact that a absconded after receiving a letter warning him that inquiry was being made for the criminal and the contents of the letter, are relevant. Opinion on relationship, when relevant. If suspect is available for identification or for video identification, the photograph shall never be shown to the witness in advance. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant. On the other hand, it rules the internal relationship between principal and agent as well, thereby imposing certain duties on the representative diligence, accounting, good faith, etc.
Statements consisting only of original research should be removed. The cries of the mob are relevant as explanatory of the nature of the transaction. The fact that, soon after the commission of the crime, A absconded from his house, is relevant, under section 8, as conduct subsequent to and affected by facts in issue. Reciprocal Promises 2 f :- Promises which form the consideration or part of the consideration for each other are called 'reciprocal promises'. Opinion to be received with great caution The opinion of a handwriting expert given in evidence is no less fallible than any other expert opinion adduced in evidence with the result that such evidence has to be received with great caution; Ram Narain v. Proof of good faith in transactions where one party is in relation of active confidence. Transaction and instances relating to a right or custom are relevant a under section 6 of Evidence Act b under section 8 of Evidence Act c under section 10 of Evidence Act d under section 13 of Evidence Act.
This discovery would very positively further the prosecution case. Inserted by Act 10 of 1927, section 2 and Schedule I. 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 person with liability. This was amended first by the Repealing and Amending Act, 1914 10 of 1914 and then by the A. The evidence of a doctor conducting post mortem without producing any authority in support of his opinion is insufficient to grant conviction to an accused; Mohd Zahid v. Illustrations a , b , d , e and f explain the introductory facts. Admissions in civil cases, when relevant.
Illustrations A affirms that on a certain day he saw B at Lahore. Threatening letters previously sent by A to B may be proved as showing intention of the letters. The fact that at the time when he left home he had sudden and urgent business at the place to which he went is relevant, as tending to explain the fact that he left home suddenly. If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. The facts that, not long before the date of the alleged Will, A made inquiry into matters to which the provisions of the alleged Will relate, that he consulted vakils in reference to making the Will, and that he caused drafts or other Wills to be prepared of which he did not approve, are relevant. The question is, whether A was robbed. This video session explain about judicial proceeding, administrative proceedings, evidentiary value of affidavits.
When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. Recent judgments may be seen to be aids for Parliament in amending existing legislation and in formulating new provisions in consonance with the times. Section 27 of Evidence Act applies a when the person giving information is an accused but not in police custody b when the person giving information is an accused and is in police custody c when the person is in police custody but not an accused d when the person is neither in police custody nor an accused. What to be proved by prosecution It is well settled that the prosecution can succeed by substantially proving the very story it alleges. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising him thereon.
He offers to prove that he asked a skilful person to examine the coin, as he doubted whether it was counterfeit or not, and that the person did examine it and told him it was genuine. Facts which are necessary to explain a fact in issue or relevant fact. The remarks of a crowd of spectators on these points may be proved. Photo identification: As a matter of rule there is no statutory provision for identification of the accused by showing photographs to the witnesses. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that, on a given day, the solicitor attended A at a place mentioned, in Calcutta, for the purpose of conferring with him upon specified business, is a relevant fact. Illustrations a The question is, whether a particular letter was dispatched. Illustrations a The question is, whether A robbed B.
The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. A must prove the existence of those facts. B, a person of equally good character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself; As to illustration b —A crime is committed by several persons. A is employed to receive money from the debtors of B. Evidence may be given of facts showing which he meant to sell. Rajasthan State Electricity Board, Jaipur, 1993 Cr. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, are a relevant fact.