RULE OF ESTOPPEL UNDER THE EVIDENCE LAW Written by-Riddhi Chadha (IP university) Introduction The word ‘ Estop ‘ is derived from an ancient English dictionary which originally means to stop. In general, estoppel arises only when a person does some act which will preclude him from averring anything to the contrary. Estoppel is defined by the “Lord Coke” as it is called the conclusion because a man’s own act or acceptance stoppeth or closets …
Written by Ritika Sarkar MODES OF PROOF AND ORAL EVIDENCE INTRODUCTION It is very well known about the importance of evidence under any court proceedings. Evidence is the proof of any facts and issues raised during proceeding. Relevancy of facts after proving becomes admissible. There is a prescribed manner on which the entire evidence works. It has been divided into two main streams- Oral and Documentary evidence. In this article we will be discussing with …
Written by Tushitta Murali, Tamil Nadu National Law University Statement of persons who cannot be called as a Witness INTRODUCTION The basic canon of Criminal jurisprudence is that the accused is innocent till proved guilty and that the accused is entitled to a just and fair trial.[1] There can be many omissions and lapses that can be made during an investigation. These can be ignored in the presence of a credible testimony from various witnesses. …
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FACTS WHICH NEED NOT BE PROVED Written BY: HARSHITA GUPTA INTRODUCTION Section 56 to 58 deal with facts which need not be proved because either facts (a) are indisputable as they are too well known to require proof (“judicial notice”) or (b) are undisputed and their proof is dispensed with because they are admitted by both the parties. There are some facts which are not so notorious and well known that they require no proof. …
Written By bharti mishra INTRODUCTION ‘Admission’ is defined in Section 17 of the Indian Evidence Act, 1872 as: “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.” According to this definition, the Evidence can be oral, documentary or can be contained in an …