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

In order to be admissible the statement relied on must be made ante litem motam by persons who are dead i.e before the commencement of any controversy actual or legal upon the same point

Evidence Act S. 32(5) Kalidindi Venkata Subbaraju & Others v. Chintalapati Subbaraju & Others AIR 1968 SC 947 while construing the provisions...

Admissible evidence – ante litem motam

Evidence Act S. 32(5) Debi Pershad Chowdhry v. Rani Radha Chowdhrain, 1904 31 IA 160 the law on the subject was very...

Statements or declarations made post litem motam , inadmissible

Evidence Act S. 32(5) Kalka Parshad v. Mathura Parshad ILR 1908 30 All 510 the Privy Council refused to accept a pedigree...

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 prove...

No judgment which was not inter partes or the one to which neither the plaintiff nor the defendant were parties could be used in evidence for any purpose

Full Bench of the Madras High Court in Tripurana Seethapathi Rao Dora v. Rokkam Venkanna Dora AIR 1922 Mad 71 where Kumaraswami Sastri,...

Judgment not inter partes – No judgment which was not inter partes or the one to which neither the plaintiff nor the defendant were parties could be used in evidence for any purpose

This principle was reiterated in the case of Coca-Cola Company of Canada Ltd. v. Pepsi-Cola Company of Canada Ltd. AIR 1942...

Judgment not inter partes – Truth of the matter decided a judgment is not admissible evidence against one who is a stranger to the suit

Maharaja Sir Kesho Prasad Singh Bahadur v. Bahuria Mt. Bhagjogna Kuer AIR 1937 PC 69 the Privy Council made the following observations...

Judgment not inter partes – findings in judgments not inter partes are not admissible in evidence.

Gadadhar Chowdhury v. Sarat Chandra Chakravarty AIR 1941 Cal 193 it was held that findings in judgments not inter partes are...

Judgment not inter partes

Gujja Lall v. Fatteh Lall ILR 1881 6 Cal 171 a Full Bench exhaustively considered the ambit and scope of Sections 40 to...

Evidence Act. S. 35 – Probative value of a document is concerned, it is reduced to the minimum where there is no evidence to disclose the nature of the instructions given to the author of the document.

. In Brain v. Preece 1843 152 ER 1016 Lord C.B Abinger made the following observations: “The case of the attorney, in Doe d. Patteshall...

Evidence – Document made by a deceased person can only be admitted where it is clearly shown that they relate to an act or acts done by the deceased person and not by third parties.

Rupert Cross in his book Evidence (1967, 3rd Edn.) at p. 408: “Entries by a solicitor's clerk may, of course,...

Evidence – A report based on hearsay evidence or on the information given by an illiterate person cannot be admissible even under Section 35 of the Evidence Act.

A report based on hearsay evidence or on the information given by an illiterate person cannot be admissible even under Section...

Evidence – A report based on hearsay evidence or on the information given by an illiterate person cannot be admissible even under Section 35 of the Evidence Act.

A report based on hearsay evidence or on the information given by an illiterate person cannot be admissible even under Section...

Evidence – Report of the Collectors may not be of great judicial authority so far as the opinions expressed on private rights of the parties but being the reports made under a statutory Regulation they were entitled to be of considerable importance.

Rajah Muttu Ramalinga Setupati v. Perianayagum Pillai, 1874 1 IA 209 the Privy Council was dealing with reports made by Collectors acting...

Evidence – Document which while being an entry in a public record is of great probative value and carries the utmost weight.