Thursday, 10 January 2019
Kinds of evidences:
1.Oral:
Statements made by witnesses in Court
2.Documentary:
It includes public and private documents, and statements of relevant facts made by persons in writing.
3.Conclusive:
Evidence of a fact which the Court must take as full proof of it, and which excludes all evidence to disprove it.
4.Direct:
It is evidence of fact actually in issue; evidence of a fact actually perceivedby a witness with his own senses.
5.Circumstantial:
It is evidence of a fact not actually in issue, but legally relevant toa fact in issue.
6.Real:
It is a kind of evidence supplied by material objects produced for the inspection of the Court.
7.Extrinsic:
It is oral evidence given in connection with written documents.
8.Hearsay:
What someone else has been heard to say, “What the solider said”, as contrasted with the direct evidence of a witness himself, oral or written statements made by persons not called aswitnesses? Hearsay evidence is, in general, excluded, but the repetition or another person’s statement is sometimes permissible, and there are express exceptions of the rule against hearsay.In criminal proceedings that common law rules as to hearsay still obtain. In civil proceedings the common law rules are abrogated.
9.Indirect:
It is circumstantial or hearsay evidence.
10.Original:
It is evidence, which has an independent probative force of its own.
11.Derivative:
It is evidence, which derivesits force from some other source.
12.Parole:
It is oral, extrinsic (unrelated) evidence.
13.Prima facie:
It is evidence of fact, which the Court must take as proof of such fact, unless disproved, by further evidence.
14.Primary:
Primary evidence of a document is the document itself, or duplicate original.
15.Secondary:
It is the evidence other than the best evidence, and which is rejected if primary evidence is available, e.g., oral evidence of the contents of a lostdocument such as a Will.
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