Primary Evidence - Law Dictionary Search Results
Home Dictionary Name: primary evidence Page: 2 Page 2 of about 851 results (0.004 seconds)Sufficiency of evidence
Sufficiency of evidence, postulates existence of some evidence which links the charged officer with the misconduct alleged against him. Evidence, however, voluminous it may be, which is neither relevant in abroad sense nor establishes any nexus between the alleged misconduct and the charged officer, is no evidence in law. The mere fact that the enquiry officer has noted in his report, 'in view of oral, documentary and circumstantial evidence as adduced in the enquiry', would not in principle satisfy the rule of sufficiently of evidence, Sher Bahadur v. Union of India, AIR 2002 SC 3030 (3031): (2002) 7 SCC 142. [Railway Services (Conduct) Rules, 1966, R. 3(1)(i)(ii) & (iii) Railway Servants (D&A) Rules, 1968 R. 6(vii) to (ix)]...
Hearsay evidence
Hearsay evidence. It is a general principle in the law of evidence that if any fact is to be proved against anyone, it ought to be proved in his presence by the testimony of a witness sworn to speak the truth; and the reason of the rule is, that the person who is to be affected by the evidence ought to have an opportunity of interrogating the witness as to his means of knowledge, and concerning all the particulars of his statement. Hearsay evidence (whether spoken or written) of a fact, therefore, is not admissible. And this rule is extended to affidavits, which, except on interlocutory motions, when statements as to belief with the grounds thereof are admissible, must be confined to facts which the deponent can prove of his own knowledge [(English) R.S.C. 1883, Ord. XXXVIII.,r. 3].Among the exceptions to the general rule as to the inadmissibility of hearsay evidence are the follow-ing: (1) dying declarations; (2) hearsay in questions of pedigree; (3) hearsay on questions of public rig...
Weight of evidence
Weight of evidence, such superiority in the evidence for one side over that for the other as calls for a verdict for the first. When a new trial is asked for on the ground that the verdict is against the weight of the evidence, the judge who tried the cause is consulted, and it does not very often happen that a new trial is ordered if he reports that he is satisfied with the verdict (R.S.C. Ord. XXXIX., r. 6, and notes thereto in Annual Practice).The persuasiveness of some evidence in comparison with other evidence, Black's Law Dictionary, 7th Edn., p. 1588....
May be accepted as evidence
May be accepted as evidence, indicate that there is no compulsion on the court to accept such transaction as evidence, but it is open to the court to treat them as evidence. Merely accepting them as evidence does not mean that the court is bound to treat them as reliable evidence, Land Acquisition Officer & Mandal Revenue Officer v. V. Narasaiah, (2001) 3 SCC 530....
Indirect evidence
Indirect evidence, proof of collateral circumstances from which a fact in controversy, not directly attested by witnesses or documents, may be inferred. It is also called circumstantial and presumptive evidence. See Taylor or Best on Evidence....
corroborative evidence
corroborative evidence : corroborating evidence at evidence ...
federal rules of evidence
federal rules of evidence Rules which govern the admissibility of evidence at trials in the Federal District Courts and before U.S. Magistrates. Many states have adopted evidence rules patterned on these federal rules. Source: FindLaw ...
preponderance of the evidence
preponderance of the evidence ;also : the evidence meeting this standard [plaintiffs must show by a preponderance of the evidence that defendant's negligence proximately caused the injuries] compare clear and convincing, reasonable doubt ...
state's evidence
state's evidence : a participant or accomplice in a crime who gives evidence to the prosecution esp. in return for a reduced sentence used chiefly in the phrase turn state's evidence ...
Acceptance of evidence
Acceptance of evidence, is not a term of art. It has an etymological meaning. It envisages exercise of judicial mind to the materials on record. Acceptance of evidence by a court would be dependent upon the facts of the case and other relevant factors. A piece of evidence in a given situation may be accepted by a court of law but in another it may not be, Cement Corpn. of India Ltd. v. Purya, (2004) 8 SCC 270. [Land Acquisition Act, 1894, s. 51A]...
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