The Fact Factor

Q101. What is “Fact in Issue”? Section 3, Interpretation Clause of the Indian Evidence Act, 1872 defines this term. The expression “facts 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 […]

Q121.”What is the presumption relating to Dowry Death in the Indian Evidence Act, 1872? In law a presumption means a rule of law that Courts and judges shall draw a particular inference from a particular fact or from a particular evidence, unless and until the truth of such inference is disproved. In law there are […]

Q81. What is “Burden of Proof‟? On whom the burden of proof lies in suit of proceeding? Chapter VII, S.101 to S.114 of Indian Evidence Act, 1872, deals with the provisions of “burden of Proof”. When a person is bound to prove the existence of any fact, it is said that the burden of proof […]

Q61. What is Plea of alibi? Section 11 of the Indian Evidence Act, 1872 is expounded with the Plea of Alibi. It is the plea of absence of person, charged with an offence, from the place of occurrence at the time of the commission of the offence is named as plea of alibi. The term […]

Q41. Explain the concept of primary documentary evidence. According to Section 3 of the Indian Evidence Act, 1872 Documentary Evidence means, All Documents produced for the inspection of the Court; such documents are called documentary evidence. The expression “Document” means any matter expressed or described upon any substance by means of letters, figures or marks, […]

Q21.Why the Evidence Act is deemed as “Lex Fori”? “Lex Fori” means the law of the country in which an action is brought. The Evidence Act is “Lex Fori”. It means evidence is one of those matters which are governed by the law of the country in which the proceedings take place (lex fori) . […]

Q1. Explain Primary and Secondary Evidence with illustrations. Documentary Evidences are of two kinds – Primary Evidence and Secondary Evidence. Primary Evidence: Section 62 of the Indian Evidence Act, 1872, defines the term ‘primary evidence’. According to Section 62 of the Act, primary evidence means the document itself produced for the inspection of the Court”. […]