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Evidence Act
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Knowledgebase Law and Legal Remedies - Litigation Process Case Law Evidence Evidence Act

Burden of Proof S 101-111
  • Notes on Burden of proof (S 101-111 of Evidence Act)
114 - ADVERSE INFERENCE - PARTY WHO DOES NOT APPEAR IN PERSON
  • 114 EVIDENCE ACT- ADVERSE INFERENCE CAN BE DRAWN AGAINST PARTY WHO DOES NOT APPEAR IN PERSON TO DEPOSE
90: Presumption as to documents thirty years old
  • Presumption as to documents thirty years old
Presumption
Cross Examination
  • purpose of cross examination of the witness
  • If suggestions given by defense counsel to witnesses in cross-examination are objectionable, accused gets bound: Supreme Court
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S34
  • Entry in books of account
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Oral Evidence
  • question of adducing oral evidence to establish what is not on record as concluded fact, held, does not arise.
  • the court may take the precaution of seeking some corroboration, adequate and reasonable to meet the demands of the situation
  • appraisal of the evidence
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S 3 Circumstantial Evidence
  • witnesses are hearsay in nature
  • witnesses nar- rated totally contradictory story
  • circumstantial evidence?
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information on websites
  • Wikipedia Not Completely Dependable
S 27 - Recovery of Weapon
  • The information as to past user, or the past history, of the object produced is not related to its discovery
  • Disclosure statement made by the accused has to be recorded in the same language as spoken by him
  • Investigating Officer not taken due care to seal weapon
S32 dying declaration
  • no circumstance of any transaction resulting in the death

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