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negative testimony

Matched in: Term negative testimony

Testimonial compulsion

Testimonial compulsion, connotes coercion which produces the positive volitional evidentiary acts of the person, as opposed to the negative attitude of silence or submission on his part, Subedar v. State, AIR 1957 All 396: 1957 All LJ … Testimonial compulsion, connotes coercion which produces the positive volitional evidentiary acts of the person, as opposed to the negative

testimony

Matched in: Term testimony

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Confession

by itself 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: … 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,

Witness

testimonial compulsion connotes coercion which procures the positive volitional evidentiary act of the person, as opposed to the negative attitude of silence or submission on his part. Nor is there any reason to think that the protection … gives evidence in a cause. 1. One who sees, knows, or vouches for something 2. One who gives testimony, under oath or affirmation, Black's Law Dictionary, 7th Edn., p. 1596. A witness must attend in court according

Positive evidence

Positive evidence, proof of the very fact, opposed to negative evidence. … Positive evidence, proof of the very fact, opposed to negative evidence.

Misprision

by the law, is sometimes called a misprision. Misprisions are divided in the text-books into two kinds:- (1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment … arrogant and undutiful behaviour towards the sovereign and government. And to endeavour to dissuade a witness from giving evidence, to dis-close an examination before the Privy Council, or to advise a prisoner to stand mute (all of

Good faith

1981 SC 636 (639): (1981) 1 SCC 597: (1981) 2 SCR 287. 'Good faith' is defined, in a negative fashion, by s. 52, IPC as follows: 'Nothing is said to be done or believed in `good faith' … the person making the imputation, and a variety of other factors. Good faith, therefore is a matter for evidence. It is a question of fact to be decided on the particular facts and circumstances of each case.

Natural justice

Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly

Dispute

Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara … Conciliation Act, 1996, ss. 8, 11, 34] Raised is without laying any basis or placing on record any evidence in support thereof, Canara Bank v. National Thermal Power Corportaion, (2001) 1 SCC 43. A party to a

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