To answer questions for a case, it is important to know the facts of the case. The facts differ in each case and circumstances. When a Judge is called upon to decide a case, the facts must be recaptured and reconstructed before him, to be able to deliver justice to the parties. Hence the court shall consider all the evidence relating to a dispute between the parties, which prove or disprove the existence of those facts and thereby tell the truth of the matter.
The word “evidence” originated from a Latin term “evidentia” which means to show clearly, to make clear to the sight to discover clearly certain, to ascertain or to prove. British parliament passed the Indian Evidence Act in the year 1972 which contains a set of rules and regulations regarding admissibility of the evidence in the court of law. These rules and regulations have to be followed in the Court of Law.
The facts must be proved in the first instance and then only the case can proceed by applying appropriate laws. The risk that the court will not get to the truth of the matter is heightened by virtue of the fact that litigation is, of course, a human endeavour and therefore will, in one way or another, provide scope for differences of opinion, error, deceit, and lies. The means by which facts are proved are governed by the law of evidence.
The Indian Evidence Act takes into consideration various things like facts which may be considered in a court of law, methods by which these facts are considered i.e, Documentary, Oral evidences. It is also important to understand and know the nature of this Act, the Indian Evidence Act is categorized under adjective law together with procedural laws, both criminal and civil procedure.
“The law of evidence does not affect substantive rights of the parties but only lays down the law for facilitating the course of justice. The Evidence Act lays down the rules of evidence for the purposes of the guidance of courts. It is procedural law which provides, inter alia, how a fact to be proved”.
To conclude, facts of the case are of great importance. The law of evidence plays an important role in controlling trial deliberation. First, finding facts is not a straight-forward descriptive process. Facts must be classified for the application of rules and do not come neatly labeled. Second, many so-called factual questions are matters of evaluation. Determining whether someone was negligent, reasonable, or insane requires judgment and evaluation. Th ird, even when the facts are clear, it is not always clear what the rules and principles imply.
 Law of Evidence Kahsay Debesu, (LL.B, Lecture) & Andualem Eshetu( LL.B, Assistant Lecturer)
 Ram Jas v. Surendra Nath, A.I.R 1980 All. 385, 388, per Hari SwaRoop
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at email@example.com
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.
You may also like to read: