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Burden of proof

Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according

Witness

is a person who testifies in a court, Webster Random House Dictionary, p. 1680. Witness, one who gives evidence in a cause. 1. One who sees, knows, or vouches for something 2. One who gives testimony, under

Confession

and without there being any doubt in regard thereto, an order of conviction can be founded on such evidence, State of Punjab v. Gurdeep Singh, (1999) 7 SCC 714: AIR 1999 SC 3724 (3725). (Evidence Act, 1872,

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Proof

Proof, does not mean proof to rigid mathematical demonstration, because that is impossible; it must mean such evidence as would induce a reasonable man to come to a particular conclusion, Hawkins v. Powells Tillery Steam Coal

witness

a : attestation of a fact or event [in whereof the parties have executed this release] b : evidence (as of the authenticity of a conveyance by deed) furnished by signature, oath, or seal 2 : one

Trial

the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003

Cross-examination

be called to prove some preliminary and collateral matter only, as the handwriting of a document tendered in evidence, he is a witness in the cause, and may be cross-examined as to any of the issues in

Reasonable doubt

doubt should be a real and substantial one and a 'well founded actual doubt arising out of the evidence existing after consideration of all the evidenced. 'Hence a mere whim or a surmise or suspicion furnishes an

New trial

a new trial. So if a judge improperly nonsuit a plaintiff. So if a judge should admit improper evidence, or reject evidence which ought to be admitted, by which means the result of the trial or inquiry

Conclusive proof

the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. (Evidence Act, 1872, s. 4) When one fact is

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