Sahayata & Sahayata

  Appreciation of Evidence in Civil Cases – A Judicial Guide Understanding how courts evaluate and rely on evidence in civil suits is vital for lawyers and judicial officers alike. It offers a comprehensive judicial guide backed by landmark decisions and legal principles on the appreciation of evidence in civil matters . 🧾 Key Takeaways from the Document 🔹 1. Primacy of Pleadings No evidence can be led without pleadings. If a fact isn't pleaded, it cannot be proved, no matter how strong the evidence. Case law: Anathula Sudhakar v. P. Buchi Reddy, (2008) 🔹 2. Burden of Proof & Onus Probandi Initially lies on the plaintiff to prove his case (Sec. 101 Evidence Act), but once both parties have adduced full evidence, the burden becomes immaterial. Case law: Sita Ram Bhau Patil v. Ram Chandra Nago Patil, (1977) 🔹 3. Ex-Parte Evidence Isn’t a Free Pass Even when a suit proceeds ex-parte, the court must critically examine the plaintiff’s evidence . An uno...

  🧑‍⚖️ Brij Praksh Gupta vs Ashwini Kumar (2020): The Hon'ble Delhi High Court on Scope of Affidavits in Evidence Keywords : CPC Order 18 Rule 4, affidavit-in-evidence, deletion of affidavit, cross-examination, pleadings, civil procedure, mesne profits, legal drafting, Delhi High Court judgment 🔍 Introduction In the landmark case of Brij Praksh Gupta vs Ashwini Kumar , the Delhi High Court clarified the scope and admissibility of affidavits-in-evidence under the Code of Civil Procedure, 1908. Justice Prathiba M. Singh authored this decision on 6th February 2020 , emphasizing that trial courts cannot delete parts of affidavits merely because they allegedly go beyond the pleadings—unless such parts are ex-facie irrelevant or inadmissible . 📂 Case Overview Case Title : Brij Praksh Gupta vs Ashwini Kumar Court : High Court of Delhi Judge : Justice Prathiba M. Singh Decision Date : 6 February 2020 Case No. : CM(M) 650/2019 Subject Matter : Possession, mesn...

Summary of the Judgment: Rakesh Sachdeva vs Rajesh Sachdeva (Delhi High Court, 12 March 2024) Bench: Justice Dharmesh Sharma Case No.: C.R.P. 217/2023 & CM Appl. 41227/2023 Background: Parties: Rakesh Sachdeva (Petitioner/Defendant) vs. Rajesh Sachdeva (Respondent/Plaintiff) Relation: Real brothers Dispute: Ownership of a suit property. The plaintiff (Rajesh) claims ownership, while the defendant (Rakesh) alleges that the supporting documents are forged. Core Issue: Rakesh challenged the Trial Court's order (dated 02.06.2023) denying him the right to cross-examine two official witnesses summoned by Rajesh solely to produce certain documents (Special Power of Attorney and a receipt from 1983). Legal Reasoning: The High Court upheld the Trial Court's reliance on: Section 139 of the Indian Evidence Act, 1872: A person summoned only to produce documents is not a witness unless formally called as such and cannot be cross-examined . Precedents from: ...

Essential Points to Keep in Mind During Cross-Examination (Indian Legal Context – Practical + Legal) 1. Know the Law Section 137 & 138 of Indian Evidence Act, 1872 – governs the structure of examination. Use Section 145 to confront witnesses with prior inconsistent statements. Section 146 allows questions that test credibility, character, and truthfulness. 2. Preparation is Paramount Read the entire deposition and statements beforehand. Know every detail of the case file , including FIR, charge sheet, medical, and forensic reports. Predict the answers before you ask — never ask a question unless you're ready for all outcomes. 3. Control the Witness Ask leading questions only – those that suggest the answer. Keep your questions short, simple, and one fact per question . Don’t allow the witness to explain — steer with a firm tone and body language. 4. Focus on Contradictions Your goal is not to get new information, but to: Di...

Mastering Cross-Examination: Techniques Every Lawyer Must Know  key points to keep in mind while cross-examining a witness: Essential Points to Keep in Mind During Cross-Examination (Indian Legal Context – Practical + Legal) 1. Know the Law Section 137 & 138 of Indian Evidence Act, 1872 – governs the structure of examination. Use Section 145 to confront witnesses with prior inconsistent statements. Section 146 allows questions that test credibility, character, and truthfulness. 2. Preparation is Paramount Read the entire deposition and statements beforehand. Know every detail of the case file , including FIR, charge sheet, medical, and forensic reports. Predict the answers before you ask — never ask a question unless you're ready for all outcomes. 3. Control the Witness Ask leading questions only – those that suggest the answer. Keep your questions short, simple, and one fact per question . Don’t allow the witness t...