Code of Civil Procedure, 1908 – Indian Evidence Act, 1872 – Provisions of the Code as also the Evidence Act do not differentiate between a party to the suit acting as a witness and a witness otherwise called by such a party to testify – the term witness does not exclude the party to the …
It is, of course, the duty of prosecution to lead the primary evidence of proving its case beyond reasonable doubt but, when necessary evidence had indeed been led, the corresponding burden was heavy on the accused in terms of Section 106 of the Evidence Act to explain as to what had happened at the time …
Sec 106 Evidence Act – Scope – Duty of Prosecution – Burden On Accused To Explain Read More »
Equivalent Citation : 2023 LiveLaw (SC) 2 Judgment link : SCI , IndianKanoon
Can a person file a civil suit seeking a declaration that his father is no more invoking Section 108 of the Indian Evidence Act? Section 108 is about the burden of proving that person is alive who has not been heard of for seven years. The provision reads as follows: [Provided that when] the question is …
S 34 Specific Relief Act – Civil Suit For Declaration Of Civil Death Of A Person Read More »
While refusing bail to Aryan Shahrukh Khan in the Cruise Ship Drug Case, the Special Court observed that WhatsApp chats prima facie reveal that accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis. After this, a news report was being widely shared in Social media in support of the claim that Whatsapp …
Has Supreme Court Held That Whatsapp Chats Cannot Be Used As Evidence ? [Fact Check] Read More »