Section 6 of the Indian Evidence Act is a direct manifestation of the doctrine of res gestae as followed in England. This section provides that facts, though not in issue, but are so connected with fact in issue as to form part of the same transaction are relevant. They may occur at same time or […]
The expression ‘Relevancy of a fact’ is not defined under the Indian Evidence Act. Section 3 of the Act only defines ‘relevant fact’ as one fact is relevant to another when one is connected to the other in the manner provided under Section 6 to 55 of the Act. Thus, this definition also does not […]
Proved : Section 3 of the Indian Evidence Act defines ‘proved’. According to this Section, a fact is said to be proved when after considering the matters before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of a particular case, to […]
Section 31 of the Evidence Act provides that admissions are not conclusive proof of matters admitted against any part but it may operate as estoppel. However, it does not mean that admission of a party is of little value. Section 58 provides that facts admitted need not be proved. Admission acts as waiver of proof. […]
The word ‘Evidence’ is derived from Latin term ‘evidens‘ or ‘evidere‘ which means to prove, to ascertain, to make clear. According to Bentham evidence can be defined as any matter of fact, the effect of which is to produce in a mind a persuasion, affirmative or disaffirmative, of existence of some other fact. The fact […]
Section 25 clearly provides that confession made to a police officer cannot be proved against the accused. Reason: Confessions to police officers are made inadmissible to prevent the torture of the accused at the hands of police in order to extract confessions. Confession obtained by torture and by using third degree methods would be involuntary. […]
Section 162 (1) provides that no statement made by any person to a police officer in the course of an investigation shall, if reduced to writing, be signed by the person making it. It further says that no such statement or record or any part of such statement or record can be used for any […]
Cruelty as a ground of divorce is incorporated in Section 13(1)(ia) of Hindu Marriage Act, 1955. Cruelty was not a ground for divorce prior to the Amendment Act of 1976. It was merely a ground for judicial separation. The term ‘cruelty’ is not defined in the Act. It was for the first time defined in […]
The Mitakshara is a running commentary on the code of Yajnavalkya and was written by Vijnaneshwar. It prevails in whole of India except Bengal and Assam. Even in cases where there is no conflict between Dayabhaga and Mitakshara school, the latter is still regarded as a supreme authority. Salient features of Mitakshara School: The following […]
Nature of Hindu law Hindu law is considered to be of divine origin. It proceeds on the theory that Hindu law was revealed to the sages who had attained great spiritual heights and they were in communication with supreme power i.e. God. According to Hindu jurists, law is the enforceable part of Dharma. Dharma does […]
