Judgement Briefs

Case brief index

Evidence Law

58 cases organised by topic.

Theory of Relevancy and Admissibility

Relevancy, admissibility, illegally obtained evidence, constitutional safeguards

Res Gestae

Facts forming part of the same transaction

Test Identification Parade, Identification and Conduct

Identification of accused, evidentiary value of identification parades, and relevant conduct

Circumstantial Evidence

Proof through circumstances, completeness of the evidentiary chain, and facts within the accused’s knowledge

Dying Declaration

Admissibility, reliability, medical certification, and conviction based on a dying declaration

Expert Evidence

Expert opinion, scientific evidence, evidentiary weight of experts

Admissions

Admissions, evidentiary value, conduct and statements

Confessions, Discovery and Protection Against Self-Incrimination

Confessions, discovery statements, police interrogation, Article 20(3), and compelled scientific techniques

Approver’s Testimony and Accomplice Evidence

Approver, accomplice, corroboration, reliability of testimony

Burden of Proof and Facts Within Special Knowledge

General and evidentiary burdens, facts within special knowledge, and proof by reasonable inference

Evidentiary Presumptions, DNA Evidence and Inferences

Legal presumptions, legitimacy, paternity, DNA evidence, and factual inferences

Documentary Evidence, Secondary Evidence and Exclusion of Oral Evidence

Primary and secondary evidence, proof of documents, and exclusion of oral evidence by documentary terms

Electronic Evidence

Electronic records, Section 65B certification, admissibility, and objections to mode of proof

Privileged Communications and Public-Interest Immunity

Spousal and professional privilege, state documents, and public-interest immunity

Witnesses, Hostile Witnesses and Appreciation of Testimony

Witness competence, hostile witnesses, child witnesses, and appreciation of testimony

Contradiction Through Previous Statements

Contradicting witnesses through prior statements and the proper method of proving contradictions

Court’s Power to Call, Recall and Examine Witnesses

Judicial power to summon, recall, and examine witnesses in aid of the truth-finding function