Section 40: Previous judgments relevant to bar a second suit or trial

Meaning of Evidence Evidence refers to any material or information presented in a legal proceeding to establish or challenge relevant facts. It includes facts, statements, documents, objects, or testimonies that help the court in determining the truth and reaching a just decision. Nature of Evidence Relevance: Evidence must have a...

The fundamental rules of the Law of Evidence provide the framework for the admissibility, relevancy, and weight of evidence in legal proceedings. These rules help ensure fairness, reliability, and the proper administration of justice. Fundamental Rules Relevance: Evidence must be relevant to the case at hand. It...

Definition of Admissions Admissions are statements, whether oral or written, made by a party to the proceedings or their authorized representative. These statements suggest an inference about any fact in issue or relevant fact and are considered against the interest of the party making them. Types of Admissions Express Admissions:...

Under the Indian Evidence Act, 1872, confessions are an important aspect of evidence in criminal cases. Definition of Confession A confession is a statement made by an accused person that suggests their guilt in relation to the offence they are charged with. Admissibility of Confessions Confessions made by an accused...

The concept of a dying declaration is an important aspect of evidence in criminal cases. It refers to the statement made by a person who is on the verge of death, explaining the circumstances surrounding their impending death or the cause of their injuries. Definition A dying declaration...

Both admissions and confessions carry significant evidentiary value in legal proceedings. Admissions Admissions are statements made by a party to a legal proceeding or their authorized representative, which are against their interest. Evidentiary Value of Admissions Substantive Evidence: Admissions are considered substantive evidence, meaning they can be used to...

Under the Indian Evidence Act, 1872, there are provisions that allow for the admission of statements made by persons who cannot be called as witnesses. These statements are considered hearsay evidence and are admissible under certain circumstances. Section 32: Statements by Persons who are Dead or Cannot be...

Under the Indian Evidence Act, 1872, the admissibility of confessions depends on the circumstances under which they are made. Admissible Confessions Confessions made before a Magistrate (Section 164) Confessions made voluntarily before a Magistrate are generally admissible in court. The Magistrate must ensure that the confession is made without any...

Under the Indian Evidence Act, 1872, there are certain special circumstances under which statements made by individuals are considered admissible as evidence. These statements are exceptions to the general rule against hearsay evidence. Statements relating to the existence of relationship (Section 32(5)) Statements made by a person who...

Under the Indian Evidence Act, 1872, there are certain presumptions that arise regarding offences. These presumptions help in determining the burden of proof and shifting the evidentiary burden on the accused. Presumption of innocence (Section 101) Every person accused of an offence is presumed to be innocent until proven...

The concept of expert opinion plays a significant role in legal proceedings, including under the Indian Evidence Act, 1872. Expert opinion refers to the testimony or opinion provided by an individual who possesses specialized knowledge, skills, or expertise in a particular field relevant to the case. Definition of...

Under the Indian Evidence Act, 1872, evidence can be categorized into two main types: Oral Evidence and Documentary Evidence. Oral Evidence Oral evidence refers to the statements made by witnesses during the course of a judicial proceeding. It includes the testimony provided by individuals through their spoken words. Section...