Evidence Law

Reports by expert witness needs to be substantiated with exhibits by other witnesses - Delhi High Court

Reports by expert witness needs to be substantiated with exhibits by other witnesses – Delhi High Court

The Delhi High Court held that the reports by the Central Forensic Science Laboratory experts are admissible in accordance with Section 293 of CrPC even without examining the expert. Such…

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A birth certificate of a person is conclusive evidence of his age unless disproved by the evidence of the witness of the party denying the correctness of it

A birth certificate of a person is conclusive evidence of his age unless disproved by the evidence of the witness of the party denying the correctness of it

A birth certificate of a person is conclusive evidence of his age unless disproved by the evidence of the witness of the party denying the correctness of it written by…

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Article 142 of Indian Constitution

Attempt: An Incohate crime?

Attempt: An Incohate crime? written by Prapti Kothari student of Institute of Law, Nirma university ASGARALI PRADHANIA V. EMPEROR AIR 1933 CAL 893, 21st JULY 1933 MATERIAL FACTS The complainant…

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Electronic Evidence and Requirement of a Certificate under Indian Evidence Act, 1872

Electronic Evidence and Requirement of a Certificate under Indian Evidence Act, 1872

Electronic Evidence and Requirement of a Certificate under Indian Evidence Act, 1872 written by Prachi Mehta Student of MKES College of Law INTRODUCTION Evidence in law can be described as…

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Suicide falsely implicated as Dowry Death

Suicide falsely implicated as Dowry Death

Suicide falsely implicated as Dowry Death written by Diksha Sharma student of Government Law College, Mumbai Kuldip Singh and Anr vs the State of Punjab Facts: Paramjit Kaur, wife of…

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Is intentional causing of injury sufficient to cause death

Does the missing body of the victim directly make the accused not guilty?

Does the missing body of the victim directly make the accused not guilty? written by Shatakshi Kakkar student of Symbiosis Law School, NOIDA SANJAY RAJAK V. THE STATE OF BIHAR…

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sedition

General Exceptions under Indian Criminal justice system

General Exceptions under Indian Criminal justice system written by Naina solanki student of Prestige institute of management and research Introduction General Exceptions are the defenses provided to the accused which…

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Conditions required for admitting secondary evidence in the Court of Law

Conditions required for admitting secondary evidence in the Court of Law written by Shatakshi Kakkar student of Symbiosis Law School, NOIDA JAGMAIL SINGH V. KARAMJIT SINGH INTRODUCTION: The above case…

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Types of Confessions under Evidence Act

Types of Confessions under the Indian Evidence Act

Types of Confessions under the Indian Evidence Act written by Pooja Ganesh student of SASTRA Deemed University Introduction ā€œConfession is an admission made at any time by a person charged…

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sedition

Sedition Law in India: Critical Analysis

This article is a critical analysis of the Sedition Law in India. The study on sedition is based on secondary study. Introduction ā€œPatriotism is the last refuge of the scoundrelā€,…

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circumstantial evidence

Absence of motive in a case of circumstantial evidence lies in favour of the accused

Absence of motive in a case of circumstantial evidence lies in favour of the accused written by Isha Sawant student of Government Law College Anwar Ali v. State of Himachal…

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Punjab High Court

Entries in the General Land Register cannot be relied upon

Isha Sawant | Government Law college | 29th September 2020 Estate Officer, Excise Area v. Smt. Somwanti Aggarwal Facts: The appellant-defendant Excise Officer and others filed an appeal before the…

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Punishment for possession of drugs

Vijaya Gupta | School of Law, Bennett University | 28th September 2020 Introduction  Drug abuse is a social evil that is harming many people across the world. Drugs and narcotics have…

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Hearsay evidence

Rule of Hearsay under Indian Evidence Act

This Article on Rule of Hearsay Evidence under Indian Evidence Act is written by Aditi Singh | Army Institute of Law, Mohali | 27th September 2020 Introduction One of the…

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Self Defense in Criminal Law

Aditi Singh | Army Institute of Law, Mohali | 20th September 2020 Introduction Adopted from the Latin Term ā€œse defendendoā€ meaning self-defence (or Private defense) is a form of a…

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Prosecutrixā€™s evidence sufficient to convict accused in cases of Rape

Isha Sawant | Government Law College | 14th September 2020 Nasir Uddin Ali v. State of Assam Facts: The appellant/accused- Nasir Uddin Ali, filed an appeal before the Gauhati High…

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narco analysis in india

Narco-Analysis in India

This article discusses the nuances of Narco analysis in India. This has been written by Aditi Singh student of Army Institute of Law, Mohali. Genesis As science has outpaced the…

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Conviction on the sole testimony of witnesses are subjected to higher scrutiny

Kandeep Shravan | SASTRA Deemed to be University | 2nd July 2020 Jagdish and Ors. Vs. The State of Haryana Facts: Two of the appellants were convicted for an assault…

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Scope of Section 73 of Evidence Act

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 28th May 2020 Gulzar Khan Vs. StateĀ AIR 1962 Pat 255 Facts of the case  The accused were on bail granted…

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Magistrates can order further investigation even after a Chargesheet has been filed

Asmita Kuvalekar | Government Law College, Mumbai | 17th April 2020 VINUBHAI HARIBHAI MALAVIYA AND ORS V THE STATE OF GUJARAT AND ANR (CRIMINAL APPEAL NOS 478-479 OF 2017)  FACTS OF…

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Kerala High Court

In camera examination in a plea bargaining procedure is not a mere formality

Daniyal Qureshi | Symbiosis Law School Pune | 15th April 2020 Sudhamol P.V. v. Mariamma Varghese and Ors Facts The appellant in the present case filed this appeal aggrieved by the conviction…

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Anticipatory bail should not be limited to exceptional cases only

Asmita Kuvalekar | Government Law College, Mumbai | 12th April 2020.  SIDDHARAM SATLINGAPPA MHETRE V STATE OF MAHARASHTRA AND OS (CRIMINAL APPEAL NO 2271 OF 2010 ARISING OUT OF SLP (CRL)…

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Interrogation at odd hours of the night amounts to violation of human rights

Asmita Kuvalekar | Government Law College, Mumbai | 11th April 2020.  CHIEF COMMISSIONER OF INCOME TAX, PATNA VS RAJENDRA SINGH AND OS (CIVIL WRIT JURISDICTION CASE NO 10707 OF 2011)  FACTS…

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Secondary Evidence does not Require Application to be led

Krisha Kamal | Presidency University Banglore | 30th March 2020   DHANPAT V. SHEO RAM (DECEASED) THROUGH LRS. & ORS. Facts: An appeal was filed against the decree of Punjab &…

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