Evidence Assignment

Name :-Sankalp S Ramteke
Roll no 97
Class LLB 3 yrs V SEM
Assignment of Evidence law

1)Court:-(Section 3) of the Indian Evidence Act, 1872 is an important clause that
provides the definition of important terms that appear throughout the Act.
Section 3 clearly defines what constitutes a court i.e., who is authorised by this
Act to collect evidence and reach a decision.Court’ consists of all judges and
magistrates, and any person who is legally authorised to take evidence, with the
exception of arbitrators and tribunals. Arbitrators and tribunals function on the
basis of natural justice and are authorised to collect evidence, however, they do
not come under the definition of “Court” within the meaning of this Act.
Case laws:- 1)C.I.T v. East Court Commercial Co. Ltd. (1967)
2)Brajnandan Sinha v. Jyoti Narain (1956)
2)Judicial Notice:- has been divided into three categories. Section 56 prescribes
the Court as to when it may judicially notice certain facts. However, under this
Section, the Court is not obligated to take judicial notice and it is totally upon its
discretion. Judicial notice allows a well-known or authoritatively attested fact to
be produced as evidence without having to prove them, as they cannot
reasonably be doubted. Judicial notice is taken upon the request of a party that
submits the fact.
Case laws:- 1)Gautam Sarup v. Leela Jetly
2)Ahmedasaheb & ors v. Sayed Ismail

3) Facts not proved:-A fact is said to be “not proved” when it is neither proved
nor disproved, and a reasonable man would not believe in the existence or the
non-existence of the fact.Section 58 – Facts admitted need not be proved – No
fact need be proved in any proceeding which the parties thereto or their agents
agree to admit at the hearing, or which, before the hearing, they agree to admit
by any writing under their hands, or which by any rule of pleading in force at the
time they are deemed to have admitted by their pleadings. Provided that the
Court may, in its discretion, require the facts admitted to be proved otherwise
than by such admissions. This basically means that if a fact has been admitted by
a party, the other party need not provide proof of that fact. For example,
admissions made in written statements, or things said before and accepted to be
said in the trial need not be proved.
Case laws:- 1)Johrilal Chowdhary vs D.Shankar Chettiar on 11 June, 2021
2)G.Rajappa Kandukur R.R.Dt vs G.Srisailam Kandukur Ors on 22Aug

4) Primary and secondary evidence:- Primary evidence is considered the best
quality of evidence and is referred to as the documents produced before the
court of law for inspection. Section 62 of the Indian Evidence Act, 1872, explains
primary evidence by stating that when a document is in various parts, each part of
the document forms a part of the primary evidence. But if the documents are
merely copies of a common original work, then they cannot be considered as
primary evidence of the original work. For instance, a movie script is written, and
copies of it are handed over to all the members of the cast, but the copies of the
original movie script are not the primary evidence; only the one whose copies
were made is the primary evidence.
Examples:-Original Art which includes painting, drawing, plans, sculptural

drawings, blueprints,Manuscripts, scriptures, books which are original and not
copies of original. It can also include handwritten notes or plans, memoirs, diary
entries, letters, etc.
Secondary evidence, as the name suggests, is the evidence that is used in the
absence of any primary evidence and is defined under Section 63 of the Indian
Evidence Act, 1872.
Section 63 of the IEA, 1872, secondary evidence means and includes:
* Certified copies under the provisions of Section 76 of the Indian Evidence Act,
1872;
* Copies of the original while ensuring accuracy in such copying, which is to say
that a copy which has been transcribed from the original is considered as
secondary evidence and is admissible in the court of law;
* Copies produced from or compared with the original, which means that the
copy so produced must be compared with the original to be called as secondary
evidence if not compared then it fails to be a secondary evidence;
* Counterparts of documents as against the party/parties who had not executed

them;
Examples:-
1)A photograph of the original is admissible as secondary evidence of its contents,

even when the two have not been compared.
2)If a copy of a letter is made using the copying machine and it has been proved
that such copy was made from the original document, then it is admissible as
secondary evidence in the court of law.
Case laws:- 1)H. Siddiqui by LRs Vs. A. Ramalingam 2011 (4) SCC 240
2)Rakesh Mohindra v. Anita Beri and Ors. (2016) 16 SCC 483
5) "Legal maxim Falsus in Uno-Falsus in Omnibus” :- That literally means

“false in one thing, false in all.” In earlier times, this Maxim postulated that “if the
jury believes that a witness’s testimony on a material issue is intentionally
deceitful, the jury may disregard all of that witness’s testimony.”
Case laws:- 1)Arvind Kumar v. State of Rajasthan, 2021 SCC 1099
2)Ramachandra Chougule v. Sidarai Laxman Chougala, (2019) 8 SCC 50
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Name :-Sankalp S Ramteke

Class LLB 3 yrs V SEM

Assignment of Evidence law

Case laws:- 1)C.I.T v. East Court Commercial Co. Ltd. (1967)

2)Brajnandan Sinha v. Jyoti Narain (1956)

Case laws:- 1)Gautam Sarup v. Leela Jetly

2)Ahmedasaheb & ors v. Sayed Ismail

Case laws:- 1)Johrilal Chowdhary vs D.Shankar Chettiar on 11 June, 2021

2)G.Rajappa Kandukur R.R.Dt vs G.Srisailam Kandukur Ors on 22Aug

Examples:-Original Art which includes painting, drawing, plans, sculptural

Section 63 of the IEA, 1872, secondary evidence means and includes:

* Counterparts of documents as against the party/parties who had not executed

1)A photograph of the original is admissible as secondary evidence of its contents,

2)Rakesh Mohindra v. Anita Beri and Ors. (2016) 16 SCC 483

5) "Legal maxim Falsus in Uno-Falsus in Omnibus” :- That literally means

Case laws:- 1)Arvind Kumar v. State of Rajasthan, 2021 SCC 1099

2)Ramachandra Chougule v. Sidarai Laxman Chougala, (2019) 8 SCC 50

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