Proving a Will when Attesting Witness is not Found

10 March 2024Posted inEvidence law
An instrument, such as a Will, mortgage deed, or gift deed, which needs to be compulsory attested as per law, shall not be used in evidence, unless one attesting witness has been called to the court for proving its execution, if the attesting witness is alive, living with in the sphere of the process of the court, and can give evidence, under Section 68 of the Indian Evidence Act, 1872 (IEA).

Removal of Public Nuisance by District Magistrate

26 February 2024Posted inCivil law
In urgent cases of imminent danger to property and consequent public nuisance, the District Magistrate (DM) or a Sub-Divisional Magistrate or any Executive Magistrate can exercise a ready procedure and issue a conditional order to remove public nuisance or such activities, under Section 133 of the Criminal Procedure Code (CRPC).

Mutual Consent Divorce u/s 13B of HMA

25 February 2024Posted inFamily, Marriage & Divorce
Mutual Consent Divorce is the quickest form of divorce for an irreparably broken marriage. It is the divorce sought and obtained from the family court by consenting spouses, preferably by filing a joint petition. Divorce is normally sought only when the husband and wife do not want to live together in a matrimonial relation any longer.

Attachment of Property before Judgement

24 February 2024Posted inCivil law
The object of attachment before judgement is to prevent any attempt by the defendant to defeat the realisation of the decree that may be passed against him. The attachment aims to prevent the attempt of the defendant to dispose of or remove from the jurisdiction of the court, his immovable property.

Child Witnesses : Reliability of their Evidence

22 February 2024Posted inCriminal law, Evidence law
All persons are competent to testify as a witness under Section 118 of the Indian Evidence Act. But a person who is unable to understand the question put to him or to give relational answer to the question owning to tender age, extreme old age, disease of mind or body or any other cause is not a competent witness. In criminal case, the basic test of competence is whether the person is able to understand questions put to him as a witness and give answers to them which can be understood.

On Providing Oral Evidence Relating to Documents

18 February 2024Posted inEvidence law
Two kinds of evidence can be produced before a court : they are all statements which the court permits and all documents including electronic records produced before the court for its inspection. Normally oral evidence cannot be provided to prove contents of documents but in specified situations oral evidence can be given in proving contents of documents.