Substantial Evidence - Law Dictionary Search Results
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Reasonable doubt
Reasonable doubt, does not mean some light, airy, insubstantial doubt that may fit through the minds of any of us about almost anything at some time or other; it does not mean a doubt begotten by sympathy out of reluctance to convict; it means a real doubt, a doubt founded upon reasons, K. Gopal Reddy v. State of Andhra Pradesh, AIR 1979 SC 387 (391): (1979) 2 SCR 363: (1979) 1 SCC 355.The doubt that prevents one from being firmly convinced of a defendant's guilt, or the belief that there is a real possibility that a defendant is not guilty, Black's Law Dictionary, 7th Edn., p. 1272.If a reasonable doubt arises in the mind of the court after taking into consideration the entire material before it regarding the complicity of the accused the benefit of such doubt should be given to the accused but the reasonable 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...
Proved
Proved, there is no difference between the general rules of evidence in civil and criminal cases, and the definition of 'proved' in s. 3 of the Evidence Act does not draw a distinction between civil and criminal cases. Nor does this definition insist on perfect proof because absolute certainty amounting to demonstration is rarely to be had in the affairs of life. Nevertheless, the standard of measuring proof prescribed by the definition, is that of a person of prudence and practical good sense. 'Proof' means the effect of the evidence adduced in the case, Ch. Razik Ram v. Ch. Jaswant Singh Chouhan, AIR 1975 SC 667: (1975) 4 SCC 769.(ii) S. 3 of the Evidence Act, a fact is said to be 'proved' when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable than a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. This definition of 'proved' does not draw any distinctio...
Copy
Copy [copia, Lat.], the transcript or double of an original writing; as the copy of a patent charter, deed, etc. As to when copies certified or examined are admissible in evidence, see Taylor on Evidence, ss. 1323 et seq.'Copy' means a copy which it substantially the same as the original variation if any from the original should not be vital in nature or should not be such that can possibly mislead a reasonable person in meeting to allegation. If the copy differs in martial particulars from the original the same cannot be cured after the period of limitation, Chandrakant Uttam Chodankar v. Dayanand Raju Mandrakar, (2005) 2 SCC 188.The word 'copy' in s. 419 means, a certified copy', State of Uttar Pradesh v. C. Tobit, AIR 1958 SC 414: 1958 SCR 1275. (Criminal Procedure Code, 1898, s. 419)--The word 'copy' in sub-s. (3) of s. 81 does not mean an absolutely exact copy, but means that the copy shall be so true that nobody can by any possibility misunderstand it, Murarka Redhey Shyam Ram Ku...
clearly erroneous
clearly erroneous : being or containing a finding of fact that is not supported by substantial or competent evidence or by reasonable inferences [findings of fact…shall not be set aside unless clearly erroneous "Federal Rules of Civil Procedure Rule 52(a)"] see also Amendment VII to the Constitution in the back matter compare abuse of discretion, de novo NOTE: The requirement that findings be clearly erroneous to be set aside is a standard of review used esp. by an appellate court when reviewing a trial judge's (as opposed to a jury's) findings of fact for error. ...
arbitrary
arbitrary 1 : depending on individual discretion (as of a judge) and not fixed by standards, rules, or law [the manner of punishment is ] 2 a : not restrained or limited in the exercise of power [an government] b : marked by or resulting from the unrestrained exercise of power [protection from arrest and detention] 3 a : based on preference, bias, prejudice, or convenience rather than on reason or fact [an standard] [different provisions for the married and the unmarried were irrational and "K. A. Cohen"] b : existing or coming about seemingly at random or by chance or as an unreasonable act of individual will without regard for facts or applicable law often used in the phrase arbitrary and capricious [an agency finding or conclusion of lack of evidence would be and capricious if the record afforded no substantial basis for such a finding "Irvin v. Hobby, 131 F. Supp. 851 (1955)"] NOTE: Under section 706 of the Administrative Procedure Act, a court shall set aside an agency's a...
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....
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