Categories
Civil Law

When can a court exempt substituting legal representative in India

In the Indian legal system, it is imperative for the court to follow the due process of law when it comes to substituting a legal representative of a deceased defendant. The court’s permission is required to remove, add or substitute a party once the claim form has been served (as per the Civil Procedure Code, […]

Categories
Civil Law

What is reasonable doubt and what is benefit of doubt ?

If two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favorable to the accused should be adopted. What is ’ reasonable doubt’ and what is ’ benefit of doubt’ ? The general principle of criminal […]

Categories
Civil Law

Importance of oral and documentary evidence

Evidence is a crucial aspect in any legal case. In India, the law of evidence is governed by the Indian Evidence Act, 1872. The act deals with both oral and documentary evidence and their admissibility in court. Oral evidence refers to statements made by witnesses through their voice, speech, or symbols for recording before the […]