A Critical Analysis of Section 45 Expert opinion plays a vital role when a case involves technicalities related to a field other than law such as medico legal cases, I.T. relates cases, etc. this article serves two fold purpose firstly, it talks about the law related to expert opinion enshrined under section 45 of the…
Evidentiary value of WhatsApp conversation Table of Contents: Introduction Basic Definitions Nature of WhatsApp conversation to be admitted as an evidence Landmark judgments Arnab Manoranjan Goswami vs the State of Maharashtra Ambalal Sarabhai Enterprises Ltd. Vs KS Infraspace LLP Limited and Anr. [Civil Appeal No. 9346 of 2019] SBI Cards and Instalment Administration Pvt. Ltd. Vs…
Re-Opening of Evidence When a party approaches the court, it is expected from them that they disclose all the material facts and evidence they rely upon and these facts and evidence further forms the grounds/platform of the case. All the facts and evidence should be produced before the court during the initial stage of the…
Oral Evidence as Sole Ground for Conviction Meaning of Oral Evidence Oral evidence is a statement given by a person for proving or disproving facts in the issue or the relevant facts. Proving or disproving of facts in issue and relevant facts leads to conviction or acquittal of the accused. The cardinal principle of evidence…
Recording of Voice Calls or Video Recording – A Valid Evidence or a Breach of Privacy ? INTRODUCTION In a court, there are scenarios where different types of evidence are presented before the court to prove and disapprove the fact. There is evidence that is per se available with the parties and others which are…
Can FIR May Be Considered as an EVIDENCE An information recorded by a police officer either received by an aggrieved person or any other person to the commission of an alleged offence is First Information Report or hereinafter referred to as “FIR”. On this report if the offences falls under Section 154 Code of Criminal…
Appraisal of Facts Indian Evidence act through its various sections describes the importance of what facts are relevant and what are not. During the proceedings or in a suit there are several facts which come up before court, claiming to settle the dispute if evidences are allowed to be given. As per common understanding the…
THE IMPORTANCE OF THE TERMS “RELEVANCY” AND “ADMISSIBILITY” IN INDIAN EVIDENCE ACT The term “Relevancy” and “Admissibility” are the two most important aspects in the law of evidence while adjudicating any case by the court. The word ‘Admissibility’ in general means something being valid or the quality of being accepted, permissibility, allowing something or something…