Best Evidence Rule - Law Dictionary Search Results
Home Dictionary Name: best evidence rule Page 1 of about 850 results (0.005 seconds)Best evidence rule
Best evidence rule, is rule of evidence in order to prove what is said or pictured in a writing, recording, or photograph the original must be privileged unless the original is lost, destroyed, or otherwise, unobtainable, Webster's Dictionary of Law, Indian Edn. (2005), p. 49.Best evidence rule, is the rule when the judges and sages of the law have laid down that there is but one general rule of evidence, the best that the nature of the case will allow, Omychnd v. Barker, (1745) 1 Atk 21.Best evidence rule, means the rule requires in effect that the best or most direct evidence of a fact should be adduced or its absence accounted e.g. the best evidence of the existence of the contents of a letter i.e. its production in court. The rule no longer applies as the court admits all relevant evidence, Kajaal v. Nable, (1982) 75 Cr App 149....
best evidence rule
best evidence rule : a rule of evidence: in order to prove what is said or pictured in a writing, recording, or photograph the original must be provided unless the original is lost, destroyed, or otherwise unobtainable called also original writing rule ...
original writing rule
original writing rule : best evidence rule ...
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
Deposition
Deposition: (1) Depriving of a dignity, etc. (2) The act of giving public testimony, technically, the evidence put down in writing by way of answer to questions. It is an incontrovertible rule at Common Law, that when the witness himself can be produced, his deposition may not be read, for it is not the best evidence. But it may be read not only where it appears that the witness is actually dead, but in all cases where he is dead for all purposes of evidence: as where diligent search has been made for the witness and he cannot be found; where he resides in a place beyond the jurisdiction of the Court; or where he has become lunatic. See now, however, R. S.C. 1883, Ord. XXXVII., rr. 1, 5; and EVIDENCE; PERPETUATE TESTIMONY, BILLS TO.As to deposition in criminal proceedings (in connec-tion with which the term is most commonly used), see especially the (English) Indictable Offences Act, 1848 (11 & 12 Vict. c. 42), s. 17, and the (English) Criminal Law Amendment Act, 1867 (30 & 31 Vict. c....
Judicial Notice
Judicial Notice. Of many things, such as the course of nature, the common law of England, public statutes, the existence of a war in which this country is engaged, standard almanacs, the rule of the road (to keep on the left side), and the constitution of the government, a court does not require any proof. See best on Evidence, s. 253; Taylor on Evidence, part i., ch. 2; Powell on Evidence, 9th Edn., pp. 145 et seq.No fact of which the court will take judicial notice need to be proved (s. 56) court shall take judicial notice of certain facts and they need not be proved in the court see (Indian Evidence Act, Part II, Chapter II, S. 57)....
Unus Nullus Rule, The
Unus Nullus Rule, The, the rule of evidence which obtains in the Civil Law, that the testimony of one witness is equivalent to the testimony of none. See Best on Evidence, bk. 3, pt. 2, c. 10, and CORROBORATION. In our law corroboration is required in an action for breach of promise of marriage and on a summons for an affiliation order, and two witnesses are required on an indictment for treason or perjury, and for attestation of a will. The unsupported evidence of an accomplice, though legally admissible, is usually rejected by a jury under the direction of the judge [In re Meunier, (1894) 2 QB 415]; the same procedure will usually apply to the uncorroborated testimony of a party in divorce proceedings or the claimant of an estate. With these exceptions, the rule of our law is that witnesses are weighed, not counted,- 'ponderantur testes, non numerantur.'...
best evidence
best evidence see evidence ...
parol evidence rule
parol evidence rule : a rule of document interpretation: parol evidence offered to contradict or modify a writing (as a contract or will) is not admissible when the writing is unambiguous or was intended to be a final expression of the author's wishes ...
Evidence
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...
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