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5041 Law Of Evidence.
Paper - 1
Unit-1: Introductory: Conceptions of evidence in classical Hindu and Islamic Jurisprudence. The Introduction of the British "Principles" of evidence, The Main Features of the Indian Evidence Act, 1872. Applicability of Evidence Act, Administrative Tribunals, Industrial Tribunals, Commissions of Enquiry. Court-martial. Central Conceptions in Law of Evidence, Facts: Section 3 definition relevant facts/facts in issue, Evidence: Oral and documentary and real Primary and secondary evidence, Circumstantial Evidence and Direct and indirect Evidence,Hearsay Evidence, "proving" not proved and "disproving", Witness, Appreciation of Evidence Presumption (Section 4)
Unit-2: The Doctrine of Res Gestae (Sections 6,7,8). Test identification parade Sec.9), Evidence of Common Intention (Section 10). The problems of relevancy of "Otherwise Irrelevant Facts (Section 11), Proof of Custom (Section 13). Facts concerning state of body and mind (Sections 14,15 & 16).
Unit-3: Admissions and Confessions, General Principles concerning Admissions (Sections 17-23), Differences between "Admission" and "Confession". The problems of non-admissibility of confessions caused by, "any inducement, three or promises" (Section 24), Inadmissibility of confession made before
a police officer. (Section 25). Admissibility of "Custodial" Confessions (Section 26), Admissibility of information" received from an accused person in custody; with special reference to the problem of discovery based on "joint statement" (Section 27). Confession by co-accused (Section 30). The problems with the judicial action based on a "retracted confession".
Unit-4: Statement of persons who cannot be called as witnesses: Dying declarations: The justification for reliance on dying declarations (Section 32). The judicial standards for appreciation of evidentiary value of dying declarations. Other statements by persons who cannot be called as witnesses, Sections 32(2) to (8) and 33:
Unit-5: Relevance of judgments, general Principles (Sections 40-44), Admissibility of Judgments in Civil and Criminal matters (section 43), "Frand" and collusion" (Section 44)
Unit-6: Expert testimony: General principles (Sections 45-51). Who is on expert? Types of expert evidence, The problems with expert testimony. Evidence of character.
Unit-7: Oral evidence: general principles concerning Oral Evidence (Sections 59-60), exceptions to hearsay evidence.
Unit-8: Documentary evidence: General Principles concerning documentary evidence, primary and secondary evidence,(Ss. 61-66) Public document and private document Sections 74-78) General Principles Regarding Exclusion of Oral by Documentary Evidence (Sections 91-92)
attested documents (Ss 67-72) Ambiguous documents (S593-100) presumptions regarding documents (Ss 79-90).
Unit-9: Of Witnesses: Competency and compellability of witnesses, Examination of witnesses, Competency to testify (Section 118-122). Privileges of communications: matrimonial privileges(Section 122) State Privilege (Section 123), Professional Privilege (Sections 126,127,128). Accomplice (Section 133), General Principles of Examination (Sections 135 166), Leading Questions (Sections 141-143), Lawful Questions in Cross-Examination (section 146), Flostile witness (Section 154), Impeaching of the standing the credit of witnesses (Section 155), refreshing the memory (Sec. 164).
Unit-10: Burden of proof: The general conception of burden of proof (Section 101-104), General and Special Exceptions to burden of proof, Presumption as to dowry death (Sections 113-B), The Scope of the doctrine of judicial notice (Sections56-57) Facts admitted need not be proved (Sec 58).
Unit-11: Estoppel: What is Estoppel? Estoppel, Res judicata and w 90/102 Promissory Estoppel, (Secs. 115-117), Improper admission and of witness in civil and criminal cases.(S. 167)
Unit-12: Law Reform: Amendment to Indian Evidence Act by the IT Act, 2000.
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Books Recommended:
1. Vepa P. Saradhi: Law of Evidence, Eastern Book Co., Lucknow
2. Batuk Lal: The Law of Evidence, Central Law Agency, Allahabad.
3. Avtar Singh: Principles of the Law of Evidence, Central Law Publications. 4. V. Krishnama Chary: The Law of Evidence, S.Gogia & Company, Hyderabad
5. M. Monir: Principles and Digest of the Law of Evidence, the Universal Book Agency,Allahabad.
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Evidence law Notes (Paper I)
Unit-1:
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Introductory: Conceptions of evidence in classical Hindu and Islamic Jurisprudence.
_______________
The Introduction of the British "Principles" of evidence, The Main Features of the Indian Evidence Act, 1872.
_______________
Applicability of Evidence Act, Administrative Tribunals, Industrial Tribunals, Commissions of Enquiry. Court-martial. Central Conceptions in Law of Evidence, Facts: Section 3 definition relevant facts/facts in issue, Evidence: Oral and documentary and real Primary and secondary evidence, Circumstantial Evidence and Direct and indirect Evidence,Hearsay Evidence, "proving" not proved and "disproving", Witness, Appreciation of Evidence Presumption (Section 4)
Unit-2: The Doctrine of Res Gestae (Sections 6,7,8). Test identification parade Sec.9), Evidence of Common Intention (Section 10). The problems of relevancy of "Otherwise Irrelevant Facts (Section 11), Proof of Custom (Section 13). Facts concerning state of body and mind (Sections 14,15 & 16).
Unit-3: Admissions and Confessions, General Principles concerning Admissions (Sections 17-23), Differences between "Admission" and "Confession". The problems of non-admissibility of confessions caused by, "any inducement, three or promises" (Section 24), Inadmissibility of confession made before
a police officer. (Section 25). Admissibility of "Custodial" Confessions (Section 26), Admissibility of information" received from an accused person in custody; with special reference to the problem of discovery based on "joint statement" (Section 27). Confession by co-accused (Section 30). The problems with the judicial action based on a "retracted confession".
Unit-4: Statement of persons who cannot be called as witnesses: Dying declarations: The justification for reliance on dying declarations (Section 32). The judicial standards for appreciation of evidentiary value of dying declarations. Other statements by persons who cannot be called as witnesses, Sections 32(2) to (8) and 33:
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Unit-5: Relevance of judgments, general Principles (Sections 40-44), Admissibility of Judgments in Civil and Criminal matters (section 43), "Frand" and collusion" (Section 44)
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Section 40 (Indian Evidence Act, 1872):-
Section 41 (IEA )
Section 42 (
Section 43
Section 44
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Unit-6: Expert testimony: General principles (Sections 45-51). Who is on expert? Types of expert evidence, The problems with expert testimony. Evidence of character.
Section 45
Section 46
Section 47
Section 48
Section 49
Section 50
Section 51
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Unit-7: Oral evidence: general principles concerning Oral Evidence (Sections 59-60), exceptions to hearsay evidence.
Section 59
Section 60
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Unit-8: Documentary evidence: General Principles concerning documentary evidence, primary and secondary evidence,(Ss. 61-66) Public document and private document Sections 74-78) General Principles Regarding Exclusion of Oral by Documentary Evidence (Sections 91-92)
attested documents (Ss 67-72) Ambiguous documents (S593-100) presumptions regarding documents (Ss 79-90).
Unit-9: Of Witnesses: Competency and compellability of witnesses, Examination of witnesses, Competency to testify (Section 118-122). Privileges of communications: matrimonial privileges(Section 122) State Privilege (Section 123), Professional Privilege (Sections 126,127,128). Accomplice (Section 133), General Principles of Examination (Sections 135 166), Leading Questions (Sections 141-143), Lawful Questions in Cross-Examination (section 146), Flostile witness (Section 154), Impeaching of the standing the credit of witnesses (Section 155), refreshing the memory (Sec. 164).
Unit-10: Burden of proof: The general conception of burden of proof (Section 101-104), General and Special Exceptions to burden of proof, Presumption as to dowry death (Sections 113-B), The Scope of the doctrine of judicial notice (Sections56-57) Facts admitted need not be proved (Sec 58).
Unit-11: Estoppel: What is Estoppel? Estoppel, Res judicata and w 90/102 Promissory Estoppel, (Secs. 115-117), Improper admission and of witness in civil and criminal cases.(S. 167)
Unit-12: Law Reform: Amendment to Indian Evidence Act by the IT Act, 2000.
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