Judgment on Documents Needed in Civil & Criminal Cases

Judgment on Documents Needed in Civil & Criminal Cases

In a civil suit, a document has to be proved. The report of an expert is also required to be brought on record in terms of the provisions of the Evidence Act. Having regard to the provisions contained in Order XIII, Rule 8 CPC, the civil court would furthermore be entitled to substitute the original document by a certified copy. Therefore, the original document could have been called for.Parties hereto are co-sharers. Allegedly, a deed of partition was entered into by and between them on or about 28.11.2002. Questioning the genuineness of the said deed of partition, a suit for cancellation thereof was filed by the appellant therein. Indisputably, in relation thereto, a First Information Report was also lodged. During investigation, the Investigating Officer recovered the purported original deed of partition from the custody of the respondent.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2243 OF 2009

(Arising out of SLP (C) No.5026 of 2007)

Lakshmi & Anr. ... Appellants

Versus

Chinnammal @ Rayyammal & Ors. ... Respondents

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Constitutionality of Alliance: Pre-poll alliance and Post poll alliance

Coalition government is not new or rarephenomenaeither government is formed by one party or two or more parties. The term 'coalition is derived from a Latin Word' COALITIO' which is verbal substance of coalesceto go together and the desire to grow up which means to go or to grow together.

A coalition can take place in two phasespre-election alliances or changes between the parties or post-election union to part political power and run the government. The former type of coalition has additional advantages than the final.

A pre-poll understanding offers a common podium to the parties in order to attract the electorate on the basis of joint manifesto. It has already has been made a framework that coalition government are running well in European countries for example in France, Italy and Portugal because the alliance of the parties is based on ideology.

These parties are based on different differentideologies the coalition government in other countries could not succeed because social structure of these countries were different, in comparison to western countries.

In developing countries, the coalition government has no common program cohesion of class composition, uniformity of social arrangementetc. the parties of coalition government form hands with another to form a united front without any ideological base sometime coalitions are formed to build up a daunting united front against some other political movement or other political party.

The supremacy of a single political party after independence was not natural democratic development.

The coalition government is the natural consequence of our social structure. Political developments do not take place in vacuum. They are the natural outcome of social organization and structure coalition have become a political requirement in India today, because no single party is getting absolute 15 majority.

Hence, we should be ready for coalition government, because it is natural phenomena in plural society. Society needs political socialization. Political culture is the outcome of social culture and our social culture is of conflict, rivalries, waring fractions in the society in few states. In this situation, the negative voting prevails.

 

Role of the Governor in the government formation

As a matter of convention, the Governor has to first invite the single largest party to form the government. But the decision has to be an "informed one" and "on sound basis," with a view to provide a stable government.

 

In 2006, The then President of India Dr A P J Abdul Kalam while addressing the governors had emphasized the relevance of recommendations of the Sarkaria Commission and said: While there are several checks and balances provided by the Constitution, the office of the Governor has been given with the independence to rise above day-to-day politics and override compulsions either emanating from the central system or the state system.

The party or alliances which get the highest amount of support in the Legislative Assembly shouldbe called upon to form the government.

If there is a pre-poll coalition or alliance, it should be treated as one political party and in this case such coalition gets a majority, the leader of such alliances shall be called by the Governor to form the government.

In case no pre-poll coalition or party has a clear majority, the governor should select the Chief Minister in the order of priorities indicated here:

(i) The group of parties which had a pre-poll coalition of the largest number.

(ii) The major single party which claims to form the government with the support of others.

(iii) A post-electoral alliance with all the members joining the government.

(iv) A post-electoral alliance where parties are linking the government and the remaining

including independents are supporting the governmental body from outside.

 

Constitutional provisions

Article 164 of the Constitution says"The Chief Minister shall be appointed by the Governor and the other ministers shall be selected by the Governor on the advice of the Chief Minister, and the ministers shall hold office during the tenure of the Governor."

Article 164(2) of the Constitution says that the Council of Ministers must be jointly responsible to the House.

 

Conclusion

In a democracy, the proper representation of public interest is of utmost importance.The governments are chosen by the people. Our constitution has clearly directed the ways how the government should be formed in the cases of Hung Assembly and it has given this right to the Governors. Hence the governor should analyze which political party or alliance is forming the majority on the basis of constitutional provisions and his decision should be followed by the political parties.

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Fundamental Right to Water, Ganga Rejuvenation and Role of UNEP

Water is the most vital source of our lives. An adult individual contains 75% of water present in his or her body. Even if the body of the individual loses water with a percentage of less than 2% present, it leads to dehydration, thus, becoming a cause for various other diseases.[1] Thus, water is a very crucial part of a human being's life which should even be clean as it leads to various diseases. On the surface of Earth, more than two-third is the area which is covered with water. From that ratio, only less than 1% of water is the one which is fit for consumption of the living beings present on the surface of earthwhich is available in the form of rivers, lakes, wetlands and aquifers.[2] Hence, it is clear that this precious resource which is an important element for sustaining life on the planet is present in a very small quantity. It is observed that as the population is growing with a fast pace, similarly is the need for water for various activities like- drinking, farming, sanitation, production of energy etc. is growing.

At the same time various other occurrences are happening which are leading to depletion of water bodies, thus, posing to be a big challenge. Various human activities, climatic changes, pollution, development of infrastructure, extraction of resources etc. are creating disruption of natural water cycles,thus, creating a pressure on the freshwater availability.[3]

United Nations Environment Programme (UNEP) is an organization of United Nations formed in 1972 that works for the sustainable development of environment by practicing of various activities which are environment friendly. UNEP promotes usage of the natural resources in a manner such that the needs of the future generation are not compromised. UNEP has framed seventeen Sustainable Development Goals (SDGs)in its Agenda 2030 such that, by this year (2030) the unsustainable consumption of resources is turned into a sustainable one which benefits all. The sixth goal among SDGs of UNEP is 'clean water and sanitation'. Through this goal the organization tries to put forth the urge to conserve and preserve the freshwater available such that its depletion which is currently happening at a faster pace because of various factors can be reduced.

In India depletion of freshwater is occurring at a very fast rate. The major cause for this depletion is pollution being done by the people in various water bodies. One of the most alarming situation is that of river Ganga. There is an urgent need to preserve and protect the river from the pollution as it will affect almost 37% of population of India that is residing on the Ganga Basin and also agricultural farms of almost eight states which derive water from river Ganga.[4] The government of India as well as UNEP are working in coordination for combating the pollution of water and its contamination. Also, the Supreme Court of India through various cases has declared Right to Water as a fundamental right under Article 21 of the Constitution of India.Various programs as well as judicial acts have been enacted for conservation of water.

v  ABOUT UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP):

United Nations Environment Programme is an organization of United Nations which was formed in the year 1972 on 5th June. Due to its reason of formation on the respective date, World Environment Day is celebrated across the worldevery year on this date. UNEP was formed by the efforts of its first director Maurice Strong atUnited Nations Conference on the Human Environmentwhich was held in Stockholm.[5] It has its headquarters in Nairobi, Kenya.It is an organization that promotes environment friendly activities to be adopted by every individual for a sustainable environment. The various areas under which it works include marine ecosystem, atmosphere, terrestrial ecosystem, environmental governance and green economy.[6] It has also helped the countries in combating the pollution by forming various treaties and guidelines for the same.It also has formulated Agenda 2030 which contains seventeen Sustainable Development Goals (SDGs) to be targeted at while consumption of the natural resources such as-poverty, health, food and agriculture, water and sanitation, human settlements, energy, climate change, sustainable consumption and production, oceans, and terrestrial ecosystems.[7] It promotes that instead of the unsustainable consumption of the resources, they should be used in a manner such that the needs of the future generation are not compromised.

The mission of UNEP as stated is as follows:

"To provide leadership and encourage partnership in caring for the environment by inspiring, informing, and enabling nations and peoples to improve their quality of life without compromising that of future generations."[8]

v  UNEP ADOPTION OF CLEAN WATER AS SUSTAINABLE DEVELOPMENT GOAL IN AGENDA 2030:

The seventeen Sustainable Development Goals (SDGs)as in Agenda 2030 were adopted at United Nations Sustainable Development Summit held from 25th September to 27thSeptember, 2015 at New York.[9]Clean water was adopted as goal no. 6 in Agenda 2030. Within this 6.6 goal specifically talks about preservation, protection and conservation of water-related ecosystems which include- rivers, wetlands, aquifers and lakes.[10]

The starting point of making SDGs a part of Agenda 2030, was the decision to implement such goals which was taken at the conference- The United Nations Conference on Sustainable Development – or Rio+20 which washeld at Rio de Janeiro in 2012 from 20th to 22nd June.[11]

The theme of the conference held was, "The Future we want,"which recognized that water is the lifeblood of the planet Earth, thus, claiming it as the most essential element in terms of sustainable development. In the year 2014, UN-Water gave a recommendation of five areas to be targeted in order to get a dedicated SDG for water which includes: (i) WASH; (ii) water resources; (iii) water governance; (iv) water quality and wastewater management; and (v) water-related disasters.[12] If there remains a dedication in this respect then development will take place in terms of all including health, education, agriculture and food production, energy, industry and other social and economic activities. Many objectives of sustainable development of water will not be achieved if the crucial role of water is not well recognized, use of water resources is not assessed and challenges related to water are not properly addressed. If water is managed well and decisions taken regarding it are addressed properly thenit will become a big aid in handling other development challenges as well which include urbanization, sustainable development of industries, growth of economy, eradicating poverty, ensuring security of food and conserving threatened ecosystem.[13]

The two-third of the surface of planet Earth is covered with water. Only less than 1% of the water that is present in rivers, wetlands, aquifers and lakes as freshwater is fit for consumption of living beings.[14] The available water was depleting at a faster rate because of various activities. The urge to protect it from getting extinguished led to adoption of water as a sustainable goal by UNEP.

The central issues which exist for 2030 Agenda for Sustainable Development include- people, planet, peace, prosperity and partnership (5 P's).[15] Around these revolve the opportunities to achieve life of dignity for all, which includes the future generation also, to be addressed in harmony with nature.

 

v  ROLE OF UNEP IN COLLABORATION WITH INDIAN GOVERNMENT FOR SUSTAINABLE GOAL OF CLEAN WATER:

In order to address the new and emerging challenges in water resources management, UNEP has revised its Water Policy and Strategy.[16] Its core purpose is to facilitate effective implementation of UNEP freshwater functions. The overall goal is to provide sustainability of all water resources and thus, leading to socio-economic growth. There exist various 'conceptual' and 'operational principles' for UNEP to implement its water mandates. The principles include:

·         "Conceptual principles:

1.      Promote ecosystem-based approaches

2.      Contribute to sound economic and social development, including poverty reduction, through management of water resources and associated ecosystems

3.      Address risks

·         Operational principles

1.      Build on existing programmes and partnerships and form new partnerships

2.      Promote multi-stakeholder participation."[17]

193 member states including India at UN General Assembly Summit gathered in New York in September 2015 and adopted Agenda 2030 which contained seventeen SDGs and 169 targets. UN has aided the Government of India by advising on the core reasons for lack of access to clean water resulting in poor health and diseases.

It is seen that the policy initiatives of India of "development with all, and for all," are a clear indication that the policies will well converge with the SDGs established.[18]India has developed a think tank for coordinating with SDGs called as NITI Aayog.[19] It has undertaken the initiative of bringing out the schemes as well as allotted work to different ministries for achieving differentand varied goals of SDGs.[20]

In addition, the Ministry of Statistics and Programme Implementation (MoSPI) has been leading discussions for developing national indicators for the SDGs. State governments are key to India's progress on the SDG Agenda and several of them have already initiated action on implementing the SDGs.[21]

Many programmes launched by the government are the core of the SDGs. These include programmes such as Swachh Bharat, Make in India, Skill India, andDigital India.[22] State and local governments play a very vital role in many of these programmes.

The United Nations in India supports the efforts of NITI Aayog to address the goals by ensuring that 'no one is left behind' and also by providing adequate finance such that SDGs are achieved. By building a close collaboration with NITI Aayog and partners, the UN has supported thematic consultations on the SDGs to bring together various state governments, central ministries, civil society organizations and academia to deliberate on specific SDGs.[23]

It is seen that nearly 600 million people are the ones in India who are indulged in open defecation. This is the highest number in the world.[24] This is the root cause for pollution in water specially the rivers, the main target being river Ganga. Government of India has launched various programmes like the Swachh Bharat Abhiyan to clean India, the National Rural Drinking Water Programme, and Namami Gange, which aims at the conservation of the River Ganga, thus, trying to rejuvenate it.

v  GANGA REJUVENATION:

It was observed that river Ganga is one of the most polluted rivers in world. It is one of the major rivers to be considered in India because of the reason that- 37% of the population of India is residing at the basin of Ganga, it drains almost eight states across the nation, and 47% of total irrigated area in India is located at Ganga basin[25]. Since Ganga is getting polluted it is harming a huge amount of population whether be in terms of residence or farming. Also now it is seen that most of the urban areas are building nearby to the rivers and with the rapid increase in commerce and communication, the pollution is increasing to a great extent.[26]

The main reasons found for pollution of river Ganga are domestic waste, industrial waste, solid garbage that is thrown directly into the river, pollution from agriculture containing residues of harmful fertilizers and pesticides, animal carcasses, half-burned and unburned human corpses, defecation on the banks of the river, mass bathing and other ritual practices.[27]The pollution that is created in the river leads to various diseases in the body of the living beings, causes destruction to the marine animals as well as plants, affects the crops, etc.

The efforts to clean Ganga have been going on from many decades. In the year 1986 on 14th January, the Government of Rajiv Gandhi launched the 'Ganga Action Plan' in order to clean Ganga.[28] However, the plan could achieve its end objectives. In May 2015, the Government of BJP under Prime Minister Narendra Modi launched a programme called 'Namami Gange' under the National Mission to Clean Ganga (NMCG). It was a programme which aims at integrating the efforts to clean and protect river Ganga. It will cover 8 states and 47 towns under the project.[29]

Various number of projects worth Rs.4, 000 crores have been approved by the NMCG to rejuvenate river Ganga. These would be carried out in major cities of Uttar Pradesh, Bihar and West Bengal.[30]A total number of 187 projects have been sanctioned under the 'Namami Gange' programme.[31] The Finance Minister of India, Arun Jaitley at the time of presentation of annual budget for 2018 stated that 47 out of these 187 projects have been completed already and the remaining ones are still in progress.[32]

Also, in an interview the Minister for Road Transport & Highways, Shipping and Water Resources, River Development & Ganga Rejuvenation in the Government of India,Nitin Gadkari has said, "By March 2019, Ganga will be cleaner by at least 80%," at the ET Global Business Summit held at New Delhi from 23rd to 24th February, 2018. He also added that the already existing initiatives along with CSR initiatives carried out by the companies are helping Ganga in a great extent to become pollution free.[33]

Also on 5th June, 2018, India has taken the initiative of hosting the World Environment Day celebrations as jointly announced on 19th February, 2018 by Dr. Harsh Vardhan, Minister of Environment, Forest and Climate Change, and Erik Solheim, United Nations Under-Secretary-General and Head of UN Environment.[34] The main theme of the celebration will be, 'Beat Plastic Pollution'. This is one of the focal point of the government for sustainable development because maximum of the plastics are thrown in the water bodies which leads to death of marine animals. UNEP came up with the idea of 'break-up' with plastic, which asks everyone around the world to break-up with single-use plastics, such as mineral water bottles and straws.[35] It was promoted by the UN Environment goodwill ambassador of India, Dia Mirza.It is a part of cleaning water bodies campaign. In the commercial video she says, "I urge you to give up the toxic relationship with plastics and find a new love. We can all start by choosing a forever relationship with real love for cloth shopping bags and metal or glass water bottles, re-usable coffee mugs and saying no to straws. Breaking up with single use plastic can really help save our oceans and beat pollution."[36]

v  RIGHT TO WATER IN INDIA:

Water is the most essential part of life of a person. If there occurs any denial of right to water, it implies denial of right to life. Right to water has not been explicitly included in the Constitution of India as a Fundamental Right, but has been interpreted to be so as per various judgements. As per the plethora of judgements, Article 21 of the Constitution has been interpreted to include a right to clean and sufficient water, a right to a decent and well life, a right to live with dignity and with peace, and a right to a humane and healthy environment which would with utmost certainty imply a right to water to all the members of the society be it is a human or animal.[37]

Article 21 i.e. 'Right to life' of the Indian constitution very lucidly states, "No person shall be deprived of his life or personal liberty except according to procedure established by law."

In the case of Bandhua Mukti Morcha vs. Union of India[38]in the year 1984, the Supreme Court as a part of 'right to life' under Article 21 derived the concept of right to 'healthy environment'.

The Supreme Court as well as several high Courts in States upheld the rights of citizens to have access to clean drinking water as a fundamental right under Article 21. In the case of Subhash Kumar v State of Bihar[39], it was held by the Supreme Court that the right to live includes,"The right of enjoyment of pollution-free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life."

The Supreme Court in the case of M.C. Mehta v Kamalnath[40], held that the State is bound to regulate supply of water and also help the citizens to realize the right to healthy water and prevent all kind of health hazards. The famous principle of Roman Law-'salus populi est suprema lex', which means'welfare of the people is paramount law'.This is the most abiding faith in the Constitution of India by which the 'State is assigned to help people realize their rights and needs'. [41]

It was held in the case of Narmada Bachao Andolan v Union of India[42]that, "Water is the basic need for the survival of human beings and is part of the right to life and human right as enshrined in Article 21 of the Constitution of India and can be served only by providing source of water where there is none."

Thus, as per the judicial pronouncements it is clear that in the Constitution of India every citizen has a right of clean drinking water and a right of protecting water from getting polluted under Article 21. Courts have not only called right to water as a fundamental right, but has also called it as a 'social asset'.[43]

Apart from including the 'right to water' within 'right to life', the Apex court in the context of water pollution came out with mandatory direction of cleaning up of water sources including the rivers in the case of M.C. Mehta v. Union of India[44]and tanks and wells in the case of Hinch Lal Tiwari v. Kamala Devi.[45]

Enactments:

Many enactments have been passed in concern with water and its resources for various purposes like- drinking, irrigation, and rehabilitation of those people who have been evacuated. However, in these stated laws there is no mention about an explicit 'right to water'. It is clear from the judicial pronouncements that people and communities have to claim these rights related to water back from the authorities.

In addition, three major enactments which address water pollution and water quality problems have been enlisted below:

1. Water (Prevention and Control of Pollution) Act, 1974[46]
2. Environment (Protection) Act, 1986[47]and
3. Indian Easements Act, 1882[48]

1.      Water (Prevention and Control of Pollution) Act, 1974

The legislation was framed in the year 1974 with the intention to prevent and control pollution of water and maintain and restore the wholesomeness of water.

Also, under this act, Central and state pollution control boards have been constituted to prevent pollution of water as well as promote its cleanliness. The state pollution control board carries out the programs which are identical to the Central pollution control board within the territory of the state in which they are appointed.

The boards have been provided with various functions which include establishing quality of water, research, planning as well as investigation in order to encourage cleanliness of water bodies and to control pollution of the same.

Under section 2 (e) of the Act, water pollution has been defined. It has been treated as an evil that has harmed the health of public. It is defined as, "Such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms."

2.      The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 extends to maintaining quality of water and the control of pollution of the water bodies. Section 2(a) of the Act gives the definition of environment which includes water as well as the interrelationship that exists between water and human beings, other living creatures, plants, micro-organisms and property. The Act helps in providing authority to the Central Government to establish proper standards for the quality of the environment and for emissions of discharge from sources of variety of environmental pollutants.

3.      Indian Easements Act, 1882

This Act clearly recognizes the right of an owner called as the riparian owner who is a person who owns a land which is adjoining to a river or a water stream to unpolluted waters. A riparian owner is the one who has a right towards usage of the stream which flows past his land. Section 7 of the Act clearly talks about the right of the riparian owner to have right to a continued flow of water of natural stream without any destruction or pollution in its natural flow.

The Apex Court in the case of MC Mehta v Union of India[49], recognized and revived the doctrine of riparian rights of owners. The court in this case said, "The petitioner is a riparian owner and is a person interested in protecting the lives of the people who use of the water flowing in the river Ganga and his right to maintain the petition cannot be disputed. The nuisance caused by the pollution of the river Ganga is a public nuisance, which is wide spread in range and indiscriminate in its effect and it would not be reasonable to expect any particular person to take proceedings to stop it as distinct from the community at large." The case was filed against the Municipal Corporation and admitted as PIL.

v  CONCLUSION:

It is seen that water is one of the most essential part of life. It should not only be preserved, but also, steps should be taken for protecting it from being depleted. UNEP has taken a step for its protection by keeping the target of cleaning the water bodies by the year 2030 across the world as a part of sustainable development goals. UNEP suggests that water should not be polluted and be used in a judicious manner such that the needs of the future generation are not compromised. UNEP is working in coordination with the Government of India for protecting its freshwater present in the country through various projects. The most endangered river which is a life support for most of the people of India is river Ganga, which has been polluted to a great extent. Various schemes, case laws and projects have been allotted for cleaning of the river, but, due to the non-cooperation of people the project has been a failure till now.

Also, various case laws have made the Right to Clean Water as a Fundamental Right by interpreting it within Article 21 i.e. Right to Life of the Constitution. But, still the results are not up to the mark. The water is getting polluted at a large scale and people are dying because of consumption of this polluted water. It can be seen that if too much water is polluted, it will lead to vanishing of clean water available in the country. India should take a lesson from Cape Town which is currently facing the situation of severe drought.[50] In order to avoid the possible shut-off in mid-April, their Government has tightened its flexibility in providing water to the people and created a strict restriction for the same. Similarly, it's time for India to build up strict laws such that the attempt of the people to pollute the water is restricted to a great extent and henceforth, the fresh water remains safe from contamination.Proper water resource management schemes should be implemented and taught to the general public so that, they can also become a part of preventing freshwater from being contaminated. Ideas from the people regarding preservation of water bodies and preventing pollution of water should also be entertained such that they become more participative and tend to work more towards the same. This should be promoted also for the reason that general people will have much better ideas about the cause of pollution and its recourse in comparison to the official authorities appointed for the same.

By: Minali Gupta
Symbiosis Law School, Noida

 

v  

Evidence of WhatsApp and Facebook chats legal now

WhatsApp and Facebook visits are currently considered as confirmation 

Gone are the days when a conviction for an offense depended on a man proclamations and customary proof like incidental signs, the weapon utilized as a part of the Crime and so forth. Courts now think about electronic proof as an adequate type of Evidence. As of late, a trial court of Haryana sentenced three students in law studies at Sonepat for coercing, Rape and pack assaulting their Junior law student from their University. The conviction was finished by depending on the broad and definite WhatsApp discussion between the assault casualty and the law Students. 

Courts would now be able to send summons through WhatsApp 

The Delhi High Court has affirmed the utilization of innovation and interpersonal organizations like WhatsApp, SMS, and email to serve a summons in legal procedures in the matter of Tata Sons v. John Doe(s) and Ors. 

You can track your case status on the web 

When you have documented a case you would now be able to check the status of the case, date of next hearing, history of the requests go by the court and everything on the web by clicking at http://services.ecourts.gov.in/ecourtindia_v5/. 

You never again need to visit the courts or government divisions to think about the advancements of your case. To check the case status you require either the name of the party, case number, documenting number, FIR number, Act, or case write. 

Online intervention to be a reality soon 

In a current party, Law Ministry's Department of Justice thought on routes by which pendency of cases can be decreased in India. The inside has glided presenting on the web intervention on the lines of "Online Consumer Mediation Center" at NLSIU, Bangalore. The online stage with the proverb "Whenever Anywhere Dispute Resolution" empowers you to hold up grievances online after which it is sent to the organization for powerful determination of the debate inside 30 days. partys are allowed to go for intervention if transaction comes up short. The stage at that point designates an outsider nonpartisan judge. So also, in the administration related debate, the dissension will be sent to the concerned office after it is enlisted with the online stage. The nodal officer or board of officers will then be in charge of intercession and the issue would then go to discretion on the off chance that it isn't settled inside 30 days. 

The administration has as of late begun "Tele-Law" benefits crosswise over 1000 normal administrations focuses in provincial territories of Uttar Pradesh and Bihar to give free legal support.

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Basic Principles and Rules of Law of Evidence

Basic Principles and Rules of Law of Evidence

SUMMARY OF LAW OF EVIDENCE 

 

1. "Fact" may be physical, psychological, positive and negative. Anything capable of being perceived by sense is fact. Section 3

2. Connection of events as cause and effect is relevancy.

3. A fact which has a certain degree of "probative force" is known as "Relevant fact".

4. "Falsus in uno falsus in omnibus" is no application in India.

5. Circumstantial evidence must be in conclusive in nature.

6. Three presumptions. first is rebuttable, second is irrebuttable, third is Mixed presumption. However, Indian evidence made presumption of fact and of law. Mixed presumption is confined to English law.

7. Evidence may be given of 1. facts in issue and 2. relevant facts. (Section 5 relevant facts)

8. In drawing up the evidence Act, the principle of exclusion has been followed.

9. The doctrine that all facts in issue are relevant to the issue, and no others may be proved, is the unexplained principle which forms the centre of and gives unity to all these express negative rules (Stephen Dig Introduction).

10. Law of evidence of negative rules declaring what is not evidence.

11. The particular ways of connection which the law regards as "relevancy" have been describe in Sections 6 – 55 of the Indian Evidence Act.

12. Relevant facts forming part of the same transaction. (Section 6)

13. Section 7 makes connected relevant by embracing a large area of facts.

14. There is hardly any action without a motive. (Section 8)

15. Sections 7 and 8 are based upon the theory of causation as a test of relevancy.

13. All explanation or introductory facts are relevant. (Section 9)

14. The principle of admissibility is that the "thing" done, written,or spoken was something done in carry out the common intention. (Section 10)

15. There should be "reasonable grounds to believe" in criminal cases to made a person responsible for the acts.

16. The principles on which Section 10 is based is that of 'agency'.

17. All the conspirators need not be convicted or acquitted.

18. All evidence must be logically relevant. (Section 11)

19. To claim Alibi his presence should be elsewhere.

20. Alibi should be established by cogent evidence.

21. Burden of proof of Alibi is on accused.

22. Any fact which enables the Court of law to determine amount of damage is relevant in civil case.(Section 12)

23. The facts that are relevant which any "right or custom" is in question. (Section 13)

24. Relevancy of facts should the existence of a person's state of mind, or of body or bodily feeling, facts it has been seen, are either physical or psychological. (Section 14)

25. A single similar act is admissible to prove knowledge or intent, or to rebut the suggestion of accident, but a single similar act is not necessarily admissible without further evidence. (Section 15)

26. To determine where there is sufficient and reasonable connection between the factum probans (fact to be proved) offered and the factum probondum (evidenciary fact) or whether they are too remote from each other for the factum probans to be received.

27. A general course of business or office,according to which it naturally would have been done, is a relevant fact and proof; or it is admissible. (Section 16)

28. Admissions are either formal or informal "proof of admissions shifts the onus". (Section 17)

29. Admission of several persons jointly interested. Where the reality of that interest is the point in controversy. (Section 18)

30. Generally statements by strangers are inadmissible. (Section 19)

31. Section 20 deals with another class of admission of persons other than the parties. [AIR 1985 SC 998 : AIR 1992 SC 1356]

32. Admissions not generally evidence for the maker. (Section 21)

33. Where there has been a document, nobody can be allowed to prove oral admission about the contents of such document. (Section 22)

34. Section 23 : Generally admissions made with conditions are inadmissible.

35. In civil cases if an admission of liability is made by a party upon an express condition that evidence of such admission should not be given. (Section 23)

36. Confession must be perfectly voluntary, in criminal cases. Prosecution to show voluntariness of confession. (Section 24) [AIR 1969 SC 422 : AIR 1991 SC 37 : AIR 1982 SC 1595 : AIR 1978 SC 1183 : AIR 1996 (4) SC 259 : AIR 1994 SC 214 : AIR 1985 SC 1678]

37. Admissions or statements not amounting to confession.

38. Confession of accused before police officer is inadmissible. (Section 25) [AIR 1994 SC 610 : (1996) 2 SCC 409]

39. All confessions are admissions but all admissions are not confessions.

40. Confession caused by threat, inducement, or promise is inadmissible. (Section 27)

41. Admissions may operate as estoppels.

42. Admission to be taken as whole. (Section 31)

43. If the word " Shall" is used in a statute, prima facie, it is mandatory; If the word "May" is used in a statute, ordinarily, it is used in a permissive sense. Yet, sometimes, " May" is equivalent to the word "Shall". (However, the intention of Legislature is to be ascertained to understand meanings of "May" and "Shall"). [AIR 1961 SC 751 : AIR 1959 J&K 110]

44. Evidence an be given only of those facts which are declared relevant.

45. Evidence has to be produced to prove or disprove fact in issue or relevant fact.

46. Only best evidence is to be produced.

47. Sections 17 to 21 deal with " admissions". Admissions are applicable civil and criminal cases.

48. Hearsay evidence is no evidence (Section 60). Yet, there are some exceptions to this rule. For example Section 6.

49. In civil cases, a person can be compelled to be a witness. Yet, in criminal cases, accused can not be compelled to be a witness.

50. In civil cases, admissions alone relevant but not confessions. But, in criminal cases, admissions as well as confessions are relevant

51. Benefit of doubt is available to accused in criminal cases.

52. In criminal cases, accused is always presumed to be innocent.

53. Two kind of presumptions: one is rebuttable and another is irrebutable presumption. Rebuttable presumption can be overthrown by evidence to the contrary. But, irrebuttable presumption is conclusive presumption of law. (Sections 41, 112, 113 deal with conclusive presumption).

54. May presume: 1) Court has discretion to raise or not to raise presumption of fact. 2) court may call for proof of it.

55. Shall presume: 1) court has no discretion as to "shall presume". 2) court is bound to raise presumption, unless and until it is disproved.

56. Hearsay evidence is no evidence.

57. Res gestae is an exception to the rule of " Hearsay evidence is no evidence". Section 6

58. Generally, no person can be made liable for the acts of another. Yet persons who take part in "conspiracy" are deemed to be conspirators. Section 10

59. In civil cases, party succeeds on his own strength.

60. Character of party, in civil cases, is irrelevant.

61. There should be clear proof corpus delict (commission of offence)

62. The prosecution must show the guilt of accused, in criminal cases, "beyond all reasonable doubt". But, only reasonable doubt goes to accused.

63. The prosecution cannot take advantage of the weakness of the defence.

64. The prosecution must stand on its own legs basing on the evidence that has been let in.

65. Burden of proving that any transaction has been effected by fraud, misrepresentation, intimidation, coercion or undue influence, etc, lies upon the person alleging that. [Narsingh Murthi's case, AIR 1941 Madras 690]

66. In criminal cases suspicion however strong can never take the place of proof. [Sarwan Singh's case, AIR 1957 SC 637]

67. The proof should be in the nature of "preponderance of probabilities" in civil cases.

68. Proof should be placed by the party on whom the burden of proof rests, unless he is estopped.

69. If evidence is given by witness, he should testify, subject to rules relating to examination.

70. Admission must be certain, and clear.

71. Admission must be taken as a whole. Partial admission cannot be accepted.

72. Admission is substantive piece of evidence.

73. A statement of admission made by any partner should be binding against other partners in a partnership.

74. Admission may be either in oral form, or documentary form, or signs or gestures form, or informal.

75. Self harming statement in civil case can be called as "admission".

76. Self harming statement in criminal case can be called as "confession".

77. Admission is not conclusive proof yet it may operate as estoppel.

78. All Confessions are admissions.

79. All admissions are not confessions.

80. Admissions can be proved by hearsay evidence.

81. Confession must be clear, cogent, whole.

82. Involuntary confession is inadmissible in evidence.

83. Confessions is made in presence of Magistrate is admissible.

84. A person who is about to die would not lie.

85. Trust sits on the lips of a person who is about to die.

86. "Leterm Mortem" means "Words said before Death".

87. Dying declaration should be complete in nature.

88. The person who is making dying declaration need not be under expectation of death.

89. There is no particular form for dying declaration.

90. Previous good character is relevant in criminal cases but evidence of bad character is irrelevant.

91. Character evidence is relevant in civil case if such evidence itself is fact in issue.

92. Fact admitted need not be proved.

93. Oral evidence must be direct.

94. Evidence which carries on its face no indication that the better remains behind, is primary.

95. In a case of malicious prosecution even though as generally understood absence of reasonable and probable cause is a negative assertion,still the burden of proving it lies on the plaintiff. [Vija Nath's case, AIR 1971 ALL 109 : Buddu singh case, 1971 AWR 445]

96. The contents of a document may be proved either by primary or secondary evidence. Section 64

97. Document must be proved by primary evidence except in exceptional case provided for in that. Section 65

98. Mere filing of document is not enough to make the document a part of record.

99. The person who makes an allegation should prove it. Section 67

100. Execution consists in signing a document written out, read over and understood the contents of document. Section 68

101. If witness dies the provision of Section 69 comes into play.

102. Mere admission of signature or thumb impression on blank sheet of paper does not mean an admission of execution.

103. Handwriting and signature of a person can be proved by an expert. Section 45

104. Court may compare the disputed document. Section 73

105. A judgment,a decree or order, order sheet of Court are public documents. [AIR 1934 PC 157 : 1978 ALJ 1141 : AIR 1931 All 364]

106. When the contents of a public document are to be proved before Court, the original need not be produced. Section 77

107. All acts are presumed to be rightly done. (See maxim " Omiria praesummuntur rite esse acta"). Section 79]

108. Presumption under Section 90 is rebuttable.

109. It is after the document has been produced to its terms under Section 91, that the provisions of Section 92 come into operation, for purpose of excluding evidence of any oral argument or statement, for the purpose of contradicting,varying,adding,subtracting from its terms.

110. When terms of a document have been proved by producing the document, oral agreement cannot be proved to contradict the same. (Section 92 and Section 100 as to know some exceptions to this rule)

111. Section 93 to 98 lay down rules regarding interpretation of documents with the aid of extrinsic evidence.

112. If a language of a document is plain, yet it turns out that there are more than one person or thing to which the description applies, oral evidence can be given to facts which show to which person or thing it is intended to apply. Section 96

113. Experts may be called to explain the meaning of terms of a document. Section 98

114. The person who is not a party to document can lead evidence of any facts tending to show contemporaneous agreement varying the terms of the document. Section 99

115. Documents unmeaning in reference to existing fact evidence may be given to explain it. Section 95

116. When the language of a document may apply to only one of many facts evidence may be given as to which it applies. Section 96

117. When the language applies partly to one existing fact and partly to another, evidence may be given as to which it applies. Section 97

118. Evidence may be given to show the meaning of illegible or not commonly intelligible character. Section 98

119. Evidence may not be given to remove the ambiguity of the language. Section 93

120. Generally, he who asserts or claims, he must prove it. Section 101

121. Burden of proof rests on the person who who substantially asserts the affirmative of the issue not upon the person who denies it. Section 104

122. The burden that arises from the pleadings depends upon the facts asserted or denied and is determined by the rules of substantive and statutory law or by presumption of law and fact.

123. Onus of proof in its primary means the duty of establishing a case. In its secondary sense the onus means no more than the duty of adducing evidence. [Ganga Din v. Bahoran lal, AIR 1937 Nag. 230]

124. It is the duty of accused to prove the plea of alibi. [Jagannath Giri v. State of Bihar, 1992 Cr.L J 648]

125. Accused is under no obligation to substantiate his defence version.

126. Generally, there is no presumption of advancement.

127. The burden of mala fides lies on the person who alleges it.

128. The burden of collusion lies on the person who alleges it.

129. In suit for specific performance of contract, burden lies on the defendant to prove that he is bona fide purchaser for value. [AIR 1963 SC 1150]

130. When the facts prima facie prove negligence, the burden lies on the defendant to prove that he was negligent. (Res ipsa loquitur) [G & N.I.T Co.'s case, AIR 1955 MB 214; Indian Airlines's case, AIR 1965 Cal 252]

131. In suit for damages the burden lies on the plaintiff. [L.J. Leach & Co Ltd case, AIR 1957 SC 357]

132. When the defendant pleads that suit of plaintiff is time-barred, the burden lies on the plaintiff to prove the facts which would bring the suit within time. Bansori Lal's case, AIR 1943 Cal. 131

133. He who claims any exceptions, he has to prove the same. Section 105

134. If it is proved that a person has not been heard of for 7 (seven) years or more by those who would naturally have heard of him if he had been alive, law presumes that he is dead. Section 108

135. Doctrine of 'Estoppel' applies only to Civil cases.

136. Rule of Estoppel does not apply to " Minor".

137. Rule of Estoppel is which stops a person from taking up different positions from what he stated earlier.

138. On issue of a fact or law which has been determined in previous proceedings cannot be raised in subsequent proceedings.

139. Every person is competent to give evidence unless the Court considers that he is unable to understand the question put to him and is unable to give rational answer. Section 118

140. Dumb witness may give evidence by writing, or by signs or by gestures. Section 119

141. Law protects all information between wife and husband and hence no person can compel them to reveal what the other spouse communicated. Section 122

142. Lawyers cannot be compelled to disclose the contents of any document with which they came to know in the course of their job.

143. Judge has no power to excuse a witness from answering if the question is relevant to the matter in issue. Section 132

144. Accomplice is competent witness against accused. Section 133

145. Evidence has to be weighed and not counted'. Section 134

146. The testimony of a single witness is sufficient, if it is reliable, to prove a fact. Section 134

147. Order in which are to be produced shall be regulated by law and practice for the time being relating to C.P.C and Cr. P.C. Section 135 [Order 18 of Code of Civil Procedure, 1908 and Chapters XVIII, XIX, XXI, XXIII, & XXIV of Code of Criminal Procedure, 1973]

148. Judge has to decide as to admissibility of evidence. Section 136

149. No leading questions can be asked in Examination-in-Chief. Section 137; However, with permission of court, leading question may be asked in examination-in-Chief. Section 142

150. Leading questions can be asked in cross-examination

151. The questions in cross-examination must be related to relevant facts and facts in issue.

152. Object of re-examination is to remove any doubt arose in cross examination and to enable the witness to clarify any contradiction.

153. New matter should not be introduced in re-cross examination.

154. In re examination the questions should be confined only to the matters arisen out of cross examination; leading questions cannot be asked in re-examination.

155. If any witness gives inconsistent or contradictory statement, he should not be declared as hostile.

156. No particular number of witnesses is needed to prove any fact. Section 134

157. Court empowers to compel a witness to answer to a relevant question. Section 147

158. Court to decided if the witness has to answer a question. Section 148

159. Question not to be asked in cross examination without reasonable grounds. Section 149

160. If Court opines that question is put by a counsel without reasonable ground, the court may make a report as to the matter to High Court. Section 150

161. Court shall forbid any question or inquiry which it regards as indecent or scandalous. Section 151

162. Court shall forbid any question which appears to be intended to insult or annoy a witness. Section 152

163. If a witness has answered at his credit, no evidence shall be given to contradict him. Yet if he answers falsely, he may afterwards be charged with giving false evidence. Section 153

164. Evidence of hostile witness cannot be rejected wholesale.

165. Credit of a witness may be impeached in any way as provided under Section 155.

166. Witnesses may refresh their memory, while examination. Section 159

167. When witness is summoned to produce any document, he shall produce the document before court; if any objection is raised as to its production, it should be decided by the court. Section 162

168. Section 163 of Act is applicable to criminal cases as well as civil cases. [Govt of Bengal v. Shanti Ram Mandal, AIR 1930 Cal 370]

169. The party calling for document is bound to give it as evidence, if required to do so. Section 163

170. Section 164 does not apply to criminal proceedings. [Shyam Das Kapoor's case, AIR 1933 Cal 33]

171. Judge can ask any question he pleases to witness, at any time, whether it is relevant or irrelevant. [Section 165]

172. Though the section uses the word "Judge" but it must be construed to include even a Magistrate or any court authorised to take evidence. Section 165 [Alana Umar's case, AIR 1965 ALL 131]

173. Any question put by Judge must be so as not to frighten,coerce, confuse, intimidate the witness. Section 165 [Ramachandra's case, AIR 1981 SC 1036]

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