Aritra Sarkar

Author Archives: Aritra Sarkar

Intricacies of Evidence in Road Accidents

Collection of evidence in case of road accidents in India can be rather complicated. This article breaks down the ways one can ensure proper evidence collection in the face of any road mishap. Instant Actions In the cases of road accidents, we need to get evidence of the damage/injuries caused mainly for claiming damages later in the court….…...

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Law of Evidence in the United States of America- An Introduction

This article on ‘Law of Evidence in the United States of America- An Introduction’ is written by Aritra Sarkar and focuses on providing an introduction to the law of evidence in the USA. I. Introduction Federal Rules of Evidence applies as the law of evidence in the United States of America. It was adopted in the year of 1975….…...

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How to Solve Law School Problems?

Law school problems are one of the most serious issues for a law student. This article titled “How to Solve Law School Problems” enlists the problems faced by a law student and ways to solve the same. It ranges from problems regarding studies to that of emotional well-being. Homesickness  For many students, hostel lives happen for the first… Read More »

Procedure for Examination of Witnesses

This article on ‘Procedure for Examination of Witnesses’ is written by Aritra Sarkar and discusses the legal procedure for examination of witnesses. I. Introduction The Indian Evidence Act provides for a very detailed provision for the examination of witnesses. From section 135 all the way to section 166 the evidence act describes the procedure for examination of witnesses. This……...

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Feasibility of All India Judicial Service Examination

All India Judicial Service Examination (AIJSE) was proposed is to give a single examination to recruit the judges of high courts and the Supreme courts in India. The idea of an All India Judicial Examination was first suggested in the Chief Justices’ Conference in 1961. The Constitution was amended in 1976 to provide for an AIJS under Article 312. The… Read More »

Legal Maxims: Meaning and Importance

In literary terms, a legal maxim is a very concise expression more like a term of any fundamental rule or principle. It is often pedagogical and often relates to some specific actions. The oxford dictionary of philosophy defines it as, “Generally any simple and memorable rule or guide for living; for example, ‘neither a borrower nor a lender… Read More »

Presumption as to Dowry Death

The article titled ‘Presumption as to Dowry Death’ is written by Aritra Sarkar and aims to explain the concept of presumption as to dowry death. I. Introduction Presumption as to dowry death is dealt with in section 113B of the Indian Evidence Act, 1872.  The explanation to this section says that for the purposes of this section, “dowry……...

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Admission | Law of Evidence

This article on ‘Admission’ is written by Aritra Sarkar and provides an overview of the concept of admission under the Indian Evidence Act. I. Introduction Section 17 of the evidence act defines admission it says that “An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or……...

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Exclusion of Oral evidence by Documentary Evidence

This article titled ‘Exclusion of Oral evidence by Documentary Evidence’ is written by Aritra Sarkar and discusses the exclusion of oral evidence. I. Introduction Section 91 to 100 of the Indian Evidence Act, 1872 lays down provisions relating to exclusion of oral by documentary evidence. This rule is based on the principle that the best evidence, of which the……...

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Rules relating to Burden of Proof

This article titled ‘Rules relating to Burden of Proof’ is written by Aritra Sarkar and discusses the law related to burden of proof. I. Introduction The term burden of proof is dealt with in part III, chapter VII, section 101 to 114A of the Indian evidence act, 1872. The “burden of proof” is used in two distinct sense, first……...

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