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Lost document

been destroyed, or cannot be found after a proper search made, it may be proved by the 'secondary evidence' of a copy or by oral evidence of its contents. See Powell on Evidence; and as to the

Record

to be written. In Scotland, the printed pleadings in a contested action); (b) the volume containing the case, evidence and transcripts of appellants and respondents on appeal to the House of Lords or Privy Council. Record in

Nemo tenetur prodere seipsum

to the fact of his own criminality, no one can be forced to give his own oath in evidence of his guilt. The (English) Evidence Act, 1851 (14 & 15 Vict. c. 99), which by s. 5

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Fact discovered

Fact discovered, The expression 'fact discovered' includes not only the physical object produced, but also the place from which it is produced and the knowledge of the accused as to this, Prabhoo v. State of Uttar...

Nonsuit

plaintiff fails to make out a legal cause of action or fails to support his pleadings by any evidence; whether the evidence which he gives can be considered any evidence at all of a cause of action

Tape-recorded conversation

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

Judicial proceeding

Judicial proceeding, 'Judicial proceeding' includes any proceeding in the course of which evidence is or may be legally taken on oath, Suraj Mall Mohta and Co. v. A.V. Vishwanatha Sastri, AIR

Material witness

the test whether a witness is material for the present purpose is not whether he would have given evidence in support of the defence. The test is whether he is a witness 'essential to the unfolding of

Deathbed or Dying Declarations

Deathbed or Dying Declarations are constantly admitted in evidence. The principle of this exception to the general rule is founded partly on the awful situation of the

Alibi

in order to prove that he could not have committed the crime with which he is charged, offers evidence that he was in a different place at the time the offence was committed. Else ware, in law

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