Skip to main content

Topic

Evidence

910 published works

  1. HEIRS & SUCCESSES

    WXW v KZY & Anor [2025] QSC 138: Extrinsic Evidence in Will Interpretation

    By Heirsandsuccesses

    In Australia, “construing a Will” is the legal process of determining the true meaning and intention of a deceased person’s Will when its language is ambiguous, unclear, or contradictory. When…

  2. Law Web

    Bombay HC: Hearsay evidence of a witness is not admissible unless the narrator is examined and states that he had narrated that fact to the witness

    By Law Web

     Now let us examine whether what was heard by prosecution witnesses viz., PW2 Nandkumar Pol, PW3 Sunita Pol and PW4 Duryodhan Kadam allegedly from the victim minor child aged about…

  3. Law Web

    Bombay HC: How to appreciate prosecution evidence if letter given by police to doctor does not mention genesis of the incident as assault?

    By Law Web

     As said above, there are two contemporaneous record. It includes the letter given by the Investigating officer to Civil hospital. It is at Exh. 103 and second is history mentioned…

  4. Law Web

    Bombay HC: Possession of weapon does not amount to offence under Arms Act if prosecution fails to prove notification banning possession of certain weapons

    By Law Web

     Prosecution under Section 4 of the Arms Act is maintainable only when there is a notification thereby banning possession of the certain weapons. It is not produced on record. Even…

  5. Law Web

    Bombay HC: Prosecution case becomes unbelievable if there are no blood stains on the clothes of prosecution witnesses who had lifted the injured

    By Law Web

    PW2 and PW9 had lifted Rajesh, their clothes also ought to have blood stains but their clothes were not seized by the Police. Reliance can be placed on the judgment…

  6. Law Web

    Bombay HC: Prosecution case becomes unbelievable if witnesses say that they did not lift the deceased and if they lifted, there were no blood stains on their clothes

    By Law Web

    Another reason why we are not inclined to accept testimony of these witnesses is that, though all of them state that, they were on the spot and they also accompanied…

  7. Law Web

    Panchnama Under BNSS: The Document That Can Make or Break a Criminal Case

    By Law Web

     I. Prefatory ObservationsA panchnama is not evidence of guilt; it is a procedural safeguard designed to preserve the integrity of an investigative act. Courts have repeatedly clarified that the document…

  8. Law Web

    Bombay HC: The doctor’s admission that the victim’s injuries could have been caused by falling on the road, combined with the existing enmity between the parties, constitutes grounds for acquittal

    By Law Web

    It is observed that the Trial Court had considered the answers given by P.W. 7 Dr. Joshi, during his cross-examination that the injuries sustained by P.W. 1 and 2 could…

  9. The Indian Lawyer Blog

    PART ACCEPTANCE OR PART REJECTION OF THE PROSECUTRIX’S STATEMENT IS NOT ALLOWED

    By The Indian Lawyer

    INTRODUCTION In Paramjit Singh Bedi v. State of Punjab, 2026 INSC 1054, the Supreme Court of India considered an important question about the way evidence of a Prosecutrix should be looked…

  10. Bill Madden's Blog

    Abuse: Use of confidential counselling records in defence of civil claim.

    By Bill Madden

    Hubicki v Australian Air League [2026] VSC 596 (Link to JADE). This interlocutory decision concerned the defendant’s application to inspect treating notes of plaintiff’s treating psychologist Dr Withers, which required…