LLC
- Nov 25, 2020
- 9 min
misc notes
Supreme Court of India Mahabir Singh vs State Of Haryana on 26 July, 2001 Section 157 of the Evidence Act permits the court to use any...
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LLC
- Nov 21, 2020
- 4 min
section 122
Supreme Court of India M.C. Verghese vs T.J. Ponnan & Anr on 13 November, 1968 Verghese has complained that he was defamed by the three...
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LLC
- Nov 21, 2020
- 8 min
section 145 and 154
Supreme Court of India Krishan Chander vs State Of Delhi on 6 January, 2016 Section 145 of the Evidence Act reads as under: ‘145....
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LLC
- Nov 21, 2020
- 11 min
section 132
The scope of Section 132 of the Evidence Act fell for consideration of Supreme Court in Laxmipat Choraria & Others v. State of...
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LLC
- Nov 21, 2020
- 26 min
section 123
In State of Punjab v. Sodhi Sukhdev Singh- Apex Court held that the normal procedure to be followed when an officer is summoned as...
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LLC
- Nov 20, 2020
- 9 min
CHILD WITNESS TESTIMONY
In Prakash & Anr. v. State of Madhya Pradesh, (1992) 4 SCC 225, the fourteen year old minor was the brother of the deceased. The minor...
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LLC
- Nov 19, 2020
- 47 min
estoppel
In Pickard v. Sears [1848] 2 Ex. 654 Lord Denman said: The rule of law is clear, that, where one by his words or conduct wilfully causes...
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LLC
- Nov 19, 2020
- 10 min
accomplice evidence
What is difference between approver and accomplice? The difference between approver and accomplice is that approver is always an...
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LLC
- Nov 18, 2020
- 28 min
case study
Supreme Court of India Limbaji And Others vs State Of Maharashtra on 14 December, 2001 the following circumstances were relied upon by...
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LLC
- Nov 18, 2020
- 26 min
section 113A AND 113B
Kaliyaperumal v. State of Tamil Nadu [AIR 2003 SC 3828], stated the following ingredients which should be satisfied :...
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LLC
- Nov 18, 2020
- 34 min
section 112
That the words 'conclusive proof' in Section 112 preclude any evidence in rebuttal except in the solitary situation provided in the very...
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LLC
- Nov 17, 2020
- 16 min
section 106 last seen theory
Supreme Court of India Nizam & Anr vs State Of Rajasthan on 4 September, 2015 Undoubtedly, “last seen theory” is an important link in the...
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LLC
- Nov 16, 2020
- 32 min
Burden of proof
In Narayan Bhagwantrao Gosavi Balajiwala v, Gopal Vintryhak Gosavi & Ors,(i960] 1 SCR 773 a Bench of three Judges held that the long user...
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LLC
- Nov 11, 2020
- 57 min
Section 91 and 92 and interpretation of contracts
Supreme Court of India Roop Kumar vs Mohan Thedani on 2 April, 2003 it would be proper to deal with the plea relating to scope and ambit...
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LLC
- Nov 10, 2020
- 19 min
Section 73 and public documents
Supreme Court of India The State Of Bombay vs Kathi Kalu Oghad And Others on 4 August, 1961 To be a witness" may be equivalent to...
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LLC
- Nov 9, 2020
- 45 min
electronic evidence (section 65 and 65 b)
Supreme Court of India Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal on 14 July, 2020 Author: Rohinton Fali Nariman Bench:...
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LLC
- Nov 6, 2020
- 46 min
documentary evidence
Supreme Court of India Atma S. Berar vs Mukhtiar Singh on 12 December, 2002 The power of the Court to take note of subsequent events is...
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LLC
- Nov 5, 2020
- 37 min
opinion of expert
Supreme Court of India Dayal Singh & Ors vs State Of Uttaranchal on 3 August, 2012 The possibility of some variations in the exhibits,...
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LLC
- Nov 4, 2020
- 10 min
section 33 and other issues
Supreme Court of India State Of Bihar vs Radha Krishna Singh & Ors on 20 April, 1983 (1) A judgment in rem e. g., judgments or orders...
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LLC
- Nov 2, 2020
- 37 min
Dying declaration
“Nemo moriturus praesumitur mentire – No one at the point of death is presumed to lie.” “A man will not meet his Maker with a lie in his...
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LLC
- Nov 2, 2020
- 11 min
section 30
In Ananta Dixit v. The State1984 Crl. L.J. 1126 the Orissa High Court was considering a similar case under Section 30 of the Evidence...
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LLC
- Oct 29, 2020
- 65 min
section 27
Pulukuri Kottaya vs King-Emperor on 19 December, 1946 Section 27, which is not artistically worded, provides an exception to the...
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LLC
- Oct 29, 2020
- 10 min
section 26
Supreme Court of India Ajay Singh vs State Of Maharashtra on 6 June, 2007 The expression 'confession' is not defined in the Evidence Act,...
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LLC
- Oct 28, 2020
- 27 min
section 25
Supreme Court of India Kartar Singh vs State Of Punjab on 11 March, 1994 Sections 24 to 30 of the Evidence Act deal with provability or...
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LLC
- Oct 26, 2020
- 53 min
CONFESSION - PRELIMINARY
Bombay High Court Pakala Narayana Swami vs Emperor on 19 January, 1939 in their Lordships' view no statement that contains self...
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LLC
- Oct 22, 2020
- 28 min
admissions
Supreme Court of India Nagindas Ramdas vs Dalpatram Ichharam @ Brijram And ... on 30 November, 1973 if at the time of the passing of the...
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LLC
- Oct 21, 2020
- 21 min
Plea of alibi- section 11
Facts not otherwise relevant are made relevant by Section 11. The effect of this section is, therefore, to clearly enlarge the classes of...
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LLC
- Oct 20, 2020
- 23 min
section 10 - Theory of agency
Supreme Court of India Sardar Sardul Singh Caveeshar vs State Of Maharashtra(And ... on 18 March, 1963 The essence of conspiracy is,...
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LLC
- Oct 19, 2020
- 41 min
section 9 and Test identification parade
The evidence of test identification is admissible under Section 9 of the Indian Evidence Act. The Identification parade belongs to the...
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LLC
- Oct 16, 2020
- 16 min
section 8
Supreme Court of India Nathuni Yadav And Ors vs State Of Bihar And Anr on 20 December, 1996 Motive for doing a criminal act is generally...
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LLC
- Oct 15, 2020
- 23 min
admissibility and section 6 - res gestae
Supreme Court of India Pushpadevi M. Jatia vs M.L. Wadhavan, Addl. Secretary ... on 29 April, 1987 If evidence is relevant the Court is...
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LLC
- Oct 11, 2020
- 69 min
evidence act - preliminary concepts
In Rabindra Kumar Dey vs State Of Orissa : 1977 AIR 170, 1977 SCR (1) 439, (Also see: Jaikrishnadas Manohardas Desai and Anr. v. State of...
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