Impeachment Evidence - Law Dictionary Search Results
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Tape-recorded conversation
Tape-recorded conversation, a previous statement, made by a person and recorded on tape, can be used not only to corroborate the evidence given by the witness in Court but also to contradict the evidence given before the Court, as well as to test the veracity of the witness and also to impeach his impartiality. Apart from being used for corrobora-tion, the evidence is admissible in respect of the other three last-mentioned matters, u/s. 146(1), Exception 2 to s. 153 and s. 155(3) of the Evidence Act; Shri N. Sri Rama Reddy v. Shri V.V. Giri, AIR 1971 SC 1162: (1970) 2 SCC 340: (1971) 1 SCR 399....
impeach
impeach [Anglo-French empecher, from Old French empeechier to hinder, from Late Latin impedicare to fetter, from Latin in- + pedica fetter, from ped- pes foot] 1 : to charge with a crime or misconduct ;specif : to charge (a public official) before a competent tribunal (as the U.S. Senate) with misconduct in office see also Article I and Article II of the Constitution in the back matter NOTE: Impeachment is the first step in removing an officer from office. The president, vice president, and other federal officers (as judges) may be impeached by the House of Representatives. (Members of Congress themselves are not removed by being impeached and tried, but rather are expelled by a two-thirds majority vote in the member's house.) The House draws up articles of impeachment that itemize the charges and their factual bases. The articles of impeachment, once approved by a simple majority of the House members, are then submitted to the Senate, thereby impeaching the officer. The Senate th...
Relevancy and admissibility
Relevancy and admissibility, the expressions 'relevancy and admissibility' are used as synonyms but their legal implications are distinct and different for more often than not facts which are relevant may not be admissible, for example, communication made by spouses during marriage or between an Advocate and his client though relevant are not admissible; so also facts which are admissible may not be relevant, for example, questions permitted to be put in cross-examination to test the veracity or impeach the credit of witnesses, though not relevant are admissible. The probative value of the evidence is the weight to be given to it which has to be judged having regard to the facts and circumstances of each case, Ram Bihari Yadav v. State of Bihar, (1998) 4 SCC 517: AIR 1998 SC 1850 (1852). [Evidence Act, (10 of 1872), s. 3]...
moral turpitude
moral turpitude 1 : an act or behavior that gravely violates the sentiment or accepted standard of the community 2 : a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense [a crime involving moral turpitude] compare malum in se NOTE: Whether a criminal offense involves moral turpitude is an important determination in deportation, disbarment, and other disciplinary hearings. Past crimes involving moral turpitude usually may also be introduced as evidence to impeach testimony. Theft, perjury, vice crimes, bigamy, and rape have generally been found to involve moral turpitude, while liquor law violations and disorderly conduct generally have not. ...
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 ...
Circumstantial evidence
Circumstantial evidence, presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true according as it is more or less probable that the circumstances would not have exited unless the fact which is inferred from them had also existed; and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fac...
Fabricating false evidence
Fabricating false evidence, S. 192 (of IPC) defines compendiously the offence of fabricating false evidence. It reads thus:'Whoever causes any circumstances to exist... or makes any document containing a false statement intending that such circumstance..... or false statement may appear in evidence in a judicial proceeding..... and that such circumstance......... or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence, Dr. S. Dutt v. State of U.P., AIR 1966 SC 523 (527): (1966) 1 SCR 493.Whoever causes any circumstance to exist or makes any false entry in any book or record, (or electronic record) or makes any document (or electronic record) containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding,...
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....
Parol evidence
Parol evidence, testimony by the mouth of a witness. It is a general rule that oral evidence cannot be substituted for a written instrument, where the latter is required by law, or to give effect to a written instrument, defective in any particular essential to its validity; nor contradict, alter, or vary a written instrument, required by law, or agreed upon by the parties, as the authentic memorial of the facts which it recites. But parol evidence is admissible to defeat a written instrument on the ground of fraud, mistake, etc., or to apply it to its proper subject, or, in some instances, as ancillary to such application to explain the meaning of doubtful terms, or to rebut presumptions arising extrinsically. In these cases the parol evidence does not usurp the place of written evidence, but either shows that the instrument ought not to be allowed to operate at all, or is essential in order to give to the instrument its legal effect.The general rule with regard to the admission of pa...
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