History suggests that evidence started from 1500 to 1700. Earlier the concept of evidence wasn’t taken seriously thus unfairness in the justice system prevailed. Not long enough that the laws started reforming for the better of humanity. Thus evidence became a crucial part of law to support either party’s statement and justify their arguments. Yet evidence had to be credible enough to validate an argument. The concept of direct and circumstantial evidence was established along with testimony. These validated the integrity of the evidence. Evidence is the basis to provide a fair verdict. It is applicable to all and used in every country and court. For example you’ve purchased some packets of chips for yourself. In one of the packets you find dead fried insects.
You can claim compensation for being harmed by a hazardous product. What if the owner claims that it isn’t his product or you never bought it from him? How shall you claim your right and receive your remedy? The receipt you received while purchasing the good. It is the evidence to support your statement and justification. Nowadays security cameras are placed in almost every store and since electronic evidence is also admissible that shall validate your statement. Not just that the circumstantial evidence shall act as a tool to render the facts true and thus the jury can decide a fair verdict for you.
Refuting arguments or supporting arguments are basically why we use evidence. The evidence guides us towards an appropriate decision. Use of evidence permits one to differentiate between effective working and wrong judgments. Evidence guides as a set and programs that are effective or have been and their use can change or guide the course of any action or case.
In the case of Shamji Manekji Shah vs. Deputy Commissioner of Income Tax, Circle-3 the assessing officer constructed additional benefit and profit by selling off an agricultural property and denying to provide any share of the profits to the individuals of the agricultural land.
Following rule 46A of Income-tax Rules, 1962 the assessed submitted documents as evidence to report against the officer in a reconsideration trial in front of the Commissioner. He pleaded to pass judgment on the basis of the virtue of the evidence in the case. To prove the credibility of the entitlements that the cultivation land was indeed agricultural land the commissioner asked him to provide reliable documents, certificates and people who claimed the same and were related to the subject matter. The claimant failed to equip plausible attestation or testimony of the asked individuals. The appeal by the claimant was discharged by the commissioner for not being able to provide tenable convincing proof and rejected submission of extra proofs. Thus it can be very well derived that due to lack of credible evidence the Appeal was dismissed.
A prompt case to remind the necessity of evidence would be the case of Bates & Others v The Post Office Limited.
This case exhibits the clear need to acquire evidence by either parties to support their contention & claims. In this case the main claims were against electronic difficulties faced by the workers and staff due to glitches in the computers used for operating in the Post Office. To prove the allegations no evidence was supplied before the court in the trial which was used by the lawyer of the opposition party as an argument. Even though there were genuine facts to prove the accusations the judge asked for concrete reliable proof or documents to support the claims. This case had complicated situations and circumstances yet it is necessary for the party accused to serve credible evidence to support his claims before the judge and jury. As per the case to support the difficulty suffered by staff due to systematic and clinical negligence the documents and certificate of medical records must be submitted along with expert testimony regarding the dysfunctional computers.
Therefore the allegations were held illegitimate by the court as there was no evidence. Assuming the fact that the workers really suffered and had harmed themselves by the computers being ill-functioning, the judgment of the case was not in favor of them due to their lack of evidence. It can be established that evidence has a heavy important role in the judicial system around the globe in almost every country.
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.
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