Evidence Act

July 1, 2024

General Clause Act S. 27 – Notice – Returned with remarks, Door lock, unclaimed etc. – If the notice is issued to the correct address of the accused and if the notice is not able to serve due to the reasons assigned in the said shara, it is deemed that the notice is served to the accused – NIA S. 138. ((2023-4)212 PLR 068, 2023 PLRonline 0120 )

November 24, 2023

Criminal

Evidence Act S. 32 – IPC S. 302 – Dying Declaration – Of the victim, who had 100% burn injuries, held valid and reliable – A dying declaration is admissible in evidence on the principle of necessity and can form the basis of conviction if it is found to be reliable – CrpC S. 378 – Appeal against order of acquittal – High Court, as an appellate court, can reevaluate evidence independently. [PLRonline # 310901]

October 25, 2023

Agreements

Agreement to sell – Executed on stamp paper purchased in the name of the plaintiff’s wife, is of no consequence – Can only deem the document to be not properly stamped but cannot hold it to be invalid – Can be admitted in evidence by paying stamp duty and penalty. [ID 210300]

August 12, 2023

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Evidence Act

Evidence Act S. 73 – Handwriting – Examination – The opinion of a handwriting expert is fallible/liable to error like that of any other witness, and yet, it cannot be brushed aside as useless – Court may then apply its own observation by comparing the signatures, or handwritings for providing a decisive weight or influence to its decision

November 13, 2021

Evidence Act S. 73 - Handwriting - Examination - The opinion of a handwriting expert is fallible/liable to error like...

“Best-evidence rule”

“Best-evidence rule” - Written contracts – Oral Evidence - It is in reality declaring a doctrine of the substantive law,...

Evidence Act, Section 91 – Section 91 relates to evidence of terms of contract, grants and other disposition of properties reduced to form of document

Evidence Act, Section 91 - Section 91 relates to evidence of terms of contract, grants and other disposition of properties...

Evidence Act, Section 91, 92 – S. 91 applies to all documents, whether they purport to dispose of rights or not, whereas S. 92 applies to documents which can be described as dispositive

Evidence Act, Section 91, 92 - Sections 91 and 92 apply only when the document on the face of it...

Evidence Act, Section 91, 92 – even a third party can only prove such contract by the production of such writing.

Evidence Act, Section 91, 92 - In Section 92 the legislature has prevented oral evidence being adduced for the purpose...

Evidence – Documents – Examination of – Probative value

Evidence – Documents – Examination of – Probative value - It is the duty of the court to examine whether...

Evidence – Admissibility of documents – Probative value

Evidence – Admissibility of documents - Probative value - Admissibility of a document is one thing and its probative value...

Statements or declarations before persons of competent knowledge made ante litem motam are receivable to prove ancient rights of a public or general nature –

Evidence Act, S. 32(5) - Statements or declarations before persons of competent knowledge made ante litem motam are receivable to...

Judgments not inter partes are inadmissible in evidence

Judgments not inter partes are inadmissible in evidence barring exceptional cases - Under the Evidence Act a judgment which is...

CIVIL

Evidence – Judgment – Admissibility of

Evidence Act, S. 40, S. 41 S. 42, S. 43, S. 13 - Judgments of courts are admissible in evidence...

CIVIL

Evidence – Judgment – Admissibility of

by Punjab Law Reporter

Evidence Act, S. 32, Evidence Act, S. 32(5), Judgment – Admissibility of - (1) A judgment in rem e.g judgments...

Human memory – Imperfections and infirmities of

Evidence Act S. 32(5) Human memory - Imperfections and infirmities of Indeed, as a mortal man is not infallible so...

Pedigree – Principles for the appraisement of pedigree evidence

Evidence Act S. 32(5) Taylor on Treatise on Evidence has pointed out in para 648 at p. 414 that the...

Pedigree – Proof of.

Evidence Act S. 32(5) Abdul Ghafur v. Hussain Bibi AIR 1931 PC 45 the Privy Council briefly summed up the law...

Pedigree – Manner in which a pedigree could be proved