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Sukhwinder Singh (Asst. Professor)     05 March 2010

Can Oral testimony be a substitute of documentary evidence

Hi,

 

My relative has taken money from many people on account of sending them abroad, but didnt sent them. He flee to some unknown place, and people are trying to frame me as a co-accused in the compalints. There is no documentary evidence of giving money, except for oral testimonies. 

CASE 1

A with the help of B has taken money from C in the presence of D (D is neighbour of C and friend of A)

At present extereme harrasment is going on from of police. Can i file a compalint for this and which section are attracted.

CASE 2

A has sent a legal notice u/s 138 n.i.a. He mentioned that 1 & 2 has taken money. In the complaint made to police he states that 1,2,3 & 4 has taken the money. Can this notice serve some purpose for taking 3 & 4 out of this case. 



Learning

 3 Replies

MANISH SONI (LAWYER)     05 March 2010

LATEST SUPREME COURT RULING (THOUGH IN ANOTHER CONTEXT )IS VERY CLEAR THAT ORAL EVIDENCE CANNOT SUBSTITUTE OF DOCUMENTARY EVIDENCE AS DOCUMENTARY EVIDENCE CAN BE VERIFIED  . . . .BUT IN ABSENCE OF ANY DOCUMENTARY EVIDENCE CAN BE RELIED UPON IF THE SAME IS ADMISSIBLE AS EVIDENCE UNDER EVIDENCE ACT AND RELEVANT TOO  . . . . .

REGARIDNG CASE NO 1 KINDLY GIVE DETAIL IDEA REGARDING WHAT TYPE OF HARRASSMENT YOU ARE BEING GIVEN AND WHAT IS THE STAGE OF INVESTIGATION AND LIKE WHAT ROLE THEY ARE ATTRIBUTING TO YOU  . . . .WHAT THE WITNESSES STATED IN THEIR STATEMENT ????? THESE ARE REALLY NECESSARY ??? 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     06 March 2010

I agree with Manish

Sukhwinder Singh (Asst. Professor)     06 March 2010

I am called every 3rd day to police station for enquiry, i m pressurized to return the money of the complainants, if failed to do so, fir will be lodged against me. The complainants have filed parallel enquiries one at local police station and 2nd at SSP office. The witness has stated that I was accompanying my relative when transaction happened..


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