Why we fail in the court of law
We come across this maxim everyday which is famously known as “ubi jus ibi remedium”. But do we really get the effective remedy and that to on time. I feel we all know the answer, because these days going to court is like entering into a fixed deposit lifelong scheme and not knowing the results. But at the end of the day do we ever think that despite having a prima facie case why do we fail and don’t get justice. The answer to same lies in the simple fact that we don’t do basic homework required when it comes to prove the allegations in the court of law. Therefore it is very important to be careful and keep collecting the evidences as and when we get the chance to collect the same.
There are certain simple rules of evidence which could help get the best results:
- Being a layman whenever you feel that there could be a right granted by the law and there is breach of the same, start to collect all the possible actions involved in the breach of the same whenever u come across it. Keep the record of the circumstances to prove the allegations in future, because things otherwise could lie, but circumstances never lie.
- Try to get documentary evidence as and when you can, because rule of best evidence give priority to documentary evidence over oral evidence.
- Try to gather evidence by way of electronic means because after the Information Technology Amendment Act, electronic videos, audios, messages, emails are admitted in the court of law.
- Be sure that whatever u allege in the court, you must have the oral or documentary proofs to prove the same, unless they are exempted in the Indian Evidence Act to be proved, because admissions are not required to be proved, the facts of which the court can take judicial notice are not required to be proved.
- Ensure that all precautions which could to be taken to prevent, are being taken or not, because if these precautions were taken on time, they become a part of your evidence and helps to prove the breach.
- Likewise there are many cases where in the husband denies the marriage even after the period of long co-habitation, the wife’s have no proofs to prove their relationship except long co-habitation which only helps the court in raising a presumption of their being husband and wife, but as a matter of abundant precaution either party can get the name of the spouse recorded in the I-D proofs, get their marriage registered, try to get them photographed as husband and wife whenever they attend any social gatherings, use their name as mother and father of the child.
- Most of the matrimonial cases fail because of the lack of evidence, because sometimes the allegations are false or even if they are genuine, but due to the lack of the proof. Coming across many cases wherein the boys do not take anything at the time of the marriage “so called dowry” and as matter of abundant precautions, they get the same mentioned through their wife in agreement being issued by the temples.
- In cases of recovery of possession, one need to show the settled possession of the property and therefore in order to show the settled possession ensure that all the phone bills, property tax, postal address, electricity meter in your name and other necessary precautions be taken.
These are just some instances I could have mentioned, but the crux of the discussion is always be careful if you feel your right is being violated, identify and start to take precautions before it’s too late to prove them despite having a genuine breach of action against you. Other factors like motive, preparation, previous or subsequent conduct, phone call records could be used as a piece of evidence in the court of law.
Kapil Chandna Advocate