Q. State the four circumstances where the statements of relevant facts by a person, who is dead and cannot appear before the Court to give evidence, are relevant. [MPCJ 2010] Ans. As per section 32 of the Evidence act, the…
Q. Define fact, relevant fact and fact in issue. Point out the difference between the last two? [MPCJ 2010] Ans. All three expression, fact, relevant fact and fact in issue has been statutorily defined under Sec. 3 of the Evidence…
Q. Enumerate the ways in which the credit of a witness may be impeached by the adverse party. Can a party impeach credit of his own witness ? If so, when ? [MPCJ 2009] Ans. Impeaching the credit of a…
Q. What are the exceptions to the general rule that ’’Hearsay evidence is not admissible”? [MPCJ 2009] Ans. As a general rule section 60 of the Evidence Act mandates that oral evidence in all cases must be of direct in…
Q. Distinguish between admission and confession. Under what circumstances and to what extent, can the confession by an accused be used in evidence against a co-accused? [MPCJ 2009] Ans. Both the admission and confession are substantive evidence and closely related…
State of Bihar v. Laloo Prasad (2002) 9 SCC 626 K.T. THOMAS and S.N. VARIAVA, JJ. – 2. A witness was sought to be treated as hostile by a Public Prosecutor on the ground that he gave answers in favour…
M.C. Verghese v. T.J. Poonan (1969) 1 SCC 37 J.C. SHAH, J. – Rathi, daughter of M. C. Verghese, was married to T. J. Poonan. On July 18, 1964, July 25, 1964 and July 30, 1964, Poonan wrote from Bombay…
Ram Narain v. State of U.P. (1973) 2 SCC 86 : AIR 1973 SC 2200 I.D. DUA, J. – This appeal by special leave is directed against the judgment and order of a learned Single Judge of the Allahabad High…
Laxman v. State of Maharashtra (2002) 6 SCC 710 : JT 2002 (6) SC 313 G.B. PATTANAIK, J. – In this criminal appeal, the conviction of the accused-appellant is based upon the dying declaration of the voluntary and trustworthy. The…
Badri Rai v. State of Bihar 1959 SCR 1141 : AIR 1958 SC 953 SINHA, J..- This appeal is directed against the concurrent judgments and orders of the courts below, convicting the two appellants under Section 120-B read with Section…