What is dying declaration ?

Answer :

A dying declaration is a declaration written or verbal made by a person as to the cause  of his death.

Example

X has been attacked by B . If A before death, makes a declaration oral/ written holding B responsible for his injuries it is called dying declaration.

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Meaning and Definition of "Proved" under the Indian Evidence Act 1872.

Proved — 

           According to section 3 of Indian Evidence Act,  A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

If courts believes it to exist, means it is proved beyond reasonable doubt..

Criminal Proceeding :

               In criminal proceeding, the extent of proving is beyond reasonable doubt, the guilt of the accused to be proved beyond reasonable doubt.

In Civil Proceeding :

  

              Proving beyond reasonable doubt is not necessary, it is balancing of probabilities and possibilities. 

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What is definition of opinion of expert ?

Answer

               When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to the identity of handwriting, or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions to identify of handwriting, or finger impression, are relevant facts. Such persons are called experts .

Examples

A) the question is whether the death of A caused by poison .

The opinion of experts as to the symptoms produced by the poison by which A is supposed to have died..

B) The question is whether a certain document was written by A. Another document was produced by the same person or by different  persons, are relevant.

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What are kinds of Estoppel ?

Answer 

The doctrine of Estoppel is of three kinds are as follows : .

1) Estoppel by Record

2) Estoppel by deed

3) Estoppel by Conduct

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What is the meaning and definition of Estoppel ?

Answer : 

Estoppel means stopped. Which means a person is not allowed to speak contrary to his earlier statement.

Definition of Estoppel  :

            According to Section 115 of the Indian Evidence Act "When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing".

Illustration

             A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.

        The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.

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What are kinds of Confession ?

Answer 

There are four types of Confession :

1) Judicial Confession and

2) Extra Judicial Confession

3) Retracted Confession

4) Confession by co-accused.

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What is the meaning of Confessio in judicio Omini Probatione Major Est & Confessio Facta in Judicio Est Plena Probatio ?

Answer :  

Confessio in judicio Omini Probatione Major Est.   It is Latin Maxim it means Confession in judicial proceeding is greater than any other proof.

Facta in Judicio Est Plena Probatio it means Confession is the absolute proof.

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What are examples of Public Documents?

Answer : 

Examples of Public Documents

Birth and death registers of Municipality, Charge Sheet, Confession recorded by Magistrate, Legal notice etc

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What is examination-in-chief ?

Answer: 

           Section 137 of Indian Evidence Act says "The examination of a witness, by the party who calls him, shall be called his examination-in-chief. This is also called as direct evidence.

No leading questions can be asked except with the permission of the court.

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