A judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. There are two kinds of judgments: Judgments in rem and Judgments in personam. Sections 40 to 44 of the Indian Evidence Act deals with the judgments of courts of justice when relevant. Judgments in rem: […]
Author: Hemant More
A judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. There are two kinds of judgments: Judgments in rem and Judgments in personam. Judgments in Rem: A judgment in rem is one pronounced upon the status of some particular person or thing and which binds […]
In this article, we shall discuss about evidentiary value of statements made under special circumstances. Section 34 IEA Entries in books of account when relevant. Entries in books of account, including those maintained in an electronic from, regularly kept in the course of business, are relevant whenever they refer to a matter into which the […]
The Act makes elaborate provisions for maintenance of health of the workers, their safety and welfare. For good health of the workers. The Act has made provisions regarding cleanliness, effective disposal of wastes, ventilation, temperature, removal of dust and fume and checking overcrowding, etc. For safety of the workers, the Act imposes obligation on occupiers […]
Factory forms an important part of the economy. ‘Factory’ is such a wide term that it requires special provisions to carry on all activities smoothly. In general terms ‘Factory’ is a building or buildings where people use machines to produce goods. But whenever a thing becomes extremely complex and important, general terms are no longer […]
In this article we shall study statements by persons who cannot be called witnesses particularly with respect to dying declaration. A fact to be proved by oral evidence must be stated before the court by a person who has first-hand knowledge on the facts to be proved. Second-hand evidence is loosely termed as hearsay evidence. […]
Section 24 to 30 of Indian Evidence Act deal with relevancy of `Confession’ in criminal proceeding. The term “Confession” has not been defined in Indian Evidence Act. In simple words `confession’ means admission or acknowledgement of guilt by person accused of crime. Sir Stephen in his Digest of the Law of Evidence has defined that […]
According to Section 17 of the Indian Evidence Act, 1872 an admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. Section 17 IEA defines […]
Object of Section 11 of the Indian Evidence Act, 1872 is to admit those facts which will help in sorting fact in issue even though they are irrelevant and this section enlarges the scope of admission of relevant facts. But limitation is put by the provisions of section 5 to section 55 i.e., if that […]
Section 10 deals with the admissibility of evidence in a conspiracy case and is based on the theory of implied agency i.e. every conspirator is an agent of this association in carrying out the objects of the conspiracy. The special feature of the section is that anything said or done or written by any member […]