Doctrine of Res Gestae

Law of Evidence

Meaning of Res Gestae Res gestae of any case properly consists of portion of that actual word’s happenings out of which the right or liability, complained or asserted in the proceeding, necessarily arises. The term has been used in two senses. In the restricted sense it means world’s happenings out of which the right or … Read more

What are the meaning of “Fact-in-Issue” and Relevant fact under the Indian Evidence Act 1872? State the difference between both of them.

Law of Evidence

Answer:- Fact-in-issue Section 3 of the Act defines “fact-in-issue” as follows-The expression “fact-in-issue” means and includes-any fact from which either by itself or in connection with other facts, the existence, non- existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding necessarily follows. Explanation.– Whenever, under the … Read more

What do you understand by Relevancy of facts under the Indian Evidence Act 1872? What is distinction between Relevancy and Admissibility of Facts?

Law of Evidence

Answer:- Meaning of Relevancy Relevancy has been said by the Act to mean the connection of events as cause and effect. ‘Legal’ relevancy is based for the most part on logical relevancy, but it is not correct to say that all that is logically relevant is necessarily legally relevant but every fact which is legally … Read more

What is ‘Hearsay Evidence’? Why is such evidence generally not admitted? State the exceptions, if any.

Law of Evidence

Answer:- Meaning of ‘Hearsay Evidence’ Comprising two words, ‘hear’ and ‘say’, the term hearsay defines a testimony based not on direct communications but what a witness may have heard others say over an out-of-court conversation. It is a piece of second-hand information. The expression ‘Hearsay’ can be used in various senses According to Stephen, sometimes it means … Read more

Doctrine of Estoppel under Indian Evidence Act

Law of Evidence

The law for estoppel or the rule of exclusion of certain evidence under certain circumstances, like between tenant and landlord, licensee of person in possession and licensor (s. 116), or as between acceptor and drawer of a bill of exchange, as between Bailee and bailor and licensor and license (s. 117). Estoppel is a procedure … Read more

Document and its Presumption under the Indian Evidence Act

The evidence in criminal cases plays an important role in deciding the case and to bring out justice. The Indian Evidence Act accepts two forms of evidence, documentary evidence and oral evidence. According to the Indian Evidence Act, the documents which are produced for the inspection of the court are called documentary evidence. The documentary … Read more

History of Law of Evidence

Law of Evidence

History of law evidence can be traced back in ancient as well as in medieval and modern systems of law. The law of evidence is lex fori which governs the courts; whether a witness is competent or not; whether a certain facts requires to be proved by writing or not; whether a certain evidence proves … Read more