Oral and documentary evidence. Exclusion of Oral Evidence by Documentary Evidence 2019-01-09

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Oral & Documentary Evidence

oral and documentary evidence

Such a witness is called an eye-witness or a witness of fact and the principle is known as that of direct oral evidence or of the exclusion of hearsay evidence. The fire-arms expert proved that it was the same pistol from which the shot was fired and deceased was killed. . Fatda Radio Ltd it was held that Oral evidence is admissible for the purpose of explaining artistic words and symbols used in a document. To that extent, the statement of law on admissibility of secondary evidence pertaining to electronic record, as stated by this court in Navjot Sandhu case supra , does not lay down the correct legal position. The line between real and documentary evidence is clearer in some cases than in others.

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Oral & Documentary Evidence

oral and documentary evidence

Oral evidence is not necessarily the best type of evidence. It is the duty of the court to scrutinise the evidence carefully and separate the grain from the chaff. Oral proof cannot be substituted in the place of written documents where the written document exists in proof of certain transactions referred to in Sectin 91 as written testimony is of higher grade, more certain and more reliable than oral evidence. There is nothing apparently wrong with its language. The content of document are to be proved section 61 to 66 b. Public records kept in any State of private documents.

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What is documentary evidence?

oral and documentary evidence

All these safeguards are taken to ensure the source and authenticity, which are the two hallmarks pertaining to electronic record sought to be used as evidence. Section 67 deals with the Proof of signature and handwriting of person alleged to have signed or written document produced - If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his hand writing. Dear Readers, In my opinion many of the cases fail because of bad oral evidence lead by the party and for non production of proper documentary evidence. Where this is not done, the will cannot be said to have been proved. However, where the single eye witness is not found to be a wholly reliable witness, in the sense that there are some circumstances which may show that he could have an interest in the prosecution, then the courts generally insist upon some independent corroboration of his testimony, in material particulars, before recording conviction. A newspaper is not one of the documents referred to in S.

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What is Is it the same thing as

oral and documentary evidence

Where the document carried adhesive stamps which belonged to a period prior to six months from the date of purchase, the court said that such document could not be attached in evidence. But, if the objection relates to the mode of proof it cannot be allowed to be raised for the first time at the appellate stage. Where goods sold are to be carried by the railways, but the contract does not mention as to who is to arrange for wagons, evidence may be offered that by the custom of the trade seller had to arrange for wagons. Whereas in the cases of proof of will and Where all that the executor of a pronote said that he was very old, infirm and could not understand the nature of the document, but offered no evidence in support of his allegation, the Allahabad High Court held that this did not amount to a specific denial of execution. Where the site plan and inventory prepared on behalf of a former ruler was not produced in its original State, the Supreme Court did not allow any objections to be raised about the matter in the Supreme Court. In general the evidence of a witness is given orally, and this means oral evidence.

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Exclusion of Oral by Documentary Evidence (Law of Evidence)

oral and documentary evidence

Direct evidence is evidence that directly proves a fact that is at issue in the case. The document itself is the best evidence to prove any fact. Achuthan Nayar, where a promissory note mentioned a date according to the local calendar and also according to the international calendar, but the two date turned out to be different, it was held that evidence could be offered to show which date was meant. Statements of witnesses and documentary evidence and facts for the examination by the court are also Judicial Evidence. When the language of a document is plain but in its application to the existing facts it is meaningless, evidence can be given to show how it was intended to apply to those facts. Law of best evidence requires the best evidence must be given in proof of the facts in issue or the other relevant facts.

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Importance of oral and documentary evidence

oral and documentary evidence

Proviso 2 - The existence of any separate oral agreements to matter on which a document is silent, and which is not inconsistent with its terms, may be proved. Campbell, which is an authority for rule that oral evidence is admissible to prove any collateral verbal agreement to the effect that a document apparently completes and operative on the face, should be conditional upon and not operative until the happening of certain event. This section applies when the execution of the document has been admitted and no vitiating fact has been proved against it. Whenever the court entertains any doubt, the court may refuse to draw the presumption and direct the party seeking to offer the document in evidence to prove it complying with the normal rules of proof. The evidence remains admissible in the trial and there is no legal bar to base conviction upon the testimony of such witness.

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Types of Evidence: Oral and Documentary Evidence

oral and documentary evidence

Notice is required to be given before giving secondary evidence. Evidence related to electronic record. Purporting and proved to be thirty year old; ii. By whom comparison is to be made? Even where a document was not thirty years old when filed in the court but becomes so by the time that it is considered by the court as part of the evidence, the presumption will apply. There were two other witnesses only one was alive and he denied having attested any such will. He had no right of succession and therefore, was not allowed to register his denial to the validity of the document. Indeed, the courts insist on the quality, and, not on the quantity of evidence.


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Documentary evidence legal definition of documentary evidence

oral and documentary evidence

The section does not fetter the power of the court to arrive at the true meaning of a document as disclosed by all the relevant surrounding circumstances. All those statements which the court permits or expects the witnesses to make in his presence regarding the truth of the facts are called Oral Evidence. In other words there can be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. In brief it is submitted that two types of evidence are given by the parties oral and documentary evidence. In the case of General Court Enterprises P. His evidence is really of an advisory character. Illegality: Under this proviso oral evidence may be given to show that to a transaction embodied in a document is illegal by reason of the fact that its object or consideration is unlawful.

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Short notes on Recording Oral and Documentary Evidence

oral and documentary evidence

Luckily, the difference between real evidence and documentary evidence is not a concern in most cases. Statutes: the court can take judicial notice of public as well as private statues. The section is attracted when the attesting witness, who is available, denies attestation. Document must not have been anonymous: no presumption can be raised where the document is an anonymous one Chandukutty Nambiar v. Such evidence is allowed subject to two conditions; Firstly, the oral agreement should not be inconsistent with the terms stated in the document. Section 81 says about the presumption as to gazettes, newspapers, private Acts of parliament and other documents. It embodies the second important rule about oral evidence, viz.

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