This document discusses the law of evidence in Malaysia. It defines evidence according to various legal scholars and outlines the key principles and structure of evidence law. The law of evidence determines how facts may be proved in court, what facts need not be proved, and the means by which the court can be informed of issues in dispute. Evidence law is divided into substantive and procedural aspects, with the latter governing pleading, procedure and proof in court.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Attestation under Transfer of Property Act, 1882.
Meaning, example, meaning under section 3 of transfer of property act, Essentials of a valid attestation, Attesting witness, registrar as attesting witness, mode of attestation, legal effect of attestation, party interested in the transaction.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Attestation under Transfer of Property Act, 1882.
Meaning, example, meaning under section 3 of transfer of property act, Essentials of a valid attestation, Attesting witness, registrar as attesting witness, mode of attestation, legal effect of attestation, party interested in the transaction.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
LLB LAW NOTES ON LAW OF EVIDENCE
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872Badrinath Srinivasan
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs
Appreciation of evidence and Types of Witness.pptxsrikarna235
Admissibility of Evidence
Types of Witness
Accomplice
Witness Protection Scheme
Police Witness
Admissibility of Admission and Confession
Difference between S.123 & S.124
Burden of Proof
Pasta is the Italian Name Given to a Type of Starchy Noodle or Dumpling Food or Dish Typically Made from Grain Flour, Commonly Wheat, Mixed into a Paste or Dough, Usually with Water or Eggs, and Formed or Cut into Sheets or Other Shapes. It is usually Cooked by Boiling, Baking or Frying. Rice Flour or Legumes Such as Beans or Lentils, are Sometimes used in Place of Wheat Flour to Yield a different Flavor and Texture, or As a Gluten-Free Alternative. Pasta is a Staple Food Ingredient of Italian Cuisine.
Pastas are Divided into Two Broad Categories:
Dried Pasta and
Fresh Pasta.
Most Dried Pasta is Produced Commercially Via An Extrusion Process. Fresh Pasta is Traditionally Produced by Hand, Sometimes with the Aid of Simple Machines. Fresh Pastas Available in Grocery Stores are Produced Commercially by Large-Scale Machines. Both Dried and Fresh Pastas come in a Number of Shapes and Varieties. Common Forms of Pasta include Long and Short Shapes, Tubes, Flat Shapes or Sheets, Miniature Shapes for Soup, those meant to be Filled or Stuffed, and Specialty or Decorative Shapes.
In Terms of Nutrition, Cooked Plain Pasta is 31% Carbohydrates (Mostly Starch), 6% Protein, and Low in Fat, with Moderate Amounts of Manganese. Pasta may be Enriched or Made from Whole Grains.
Pasta is the Italian Name Given to a Type of Starchy Noodle or Dumpling Food or Dish Typically Made from Grain Flour, Commonly Wheat, Mixed into a Paste or Dough, Usually with Water or Eggs, and Formed or Cut into Sheets or Other Shapes. It is usually Cooked by Boiling, Baking or Frying. Rice Flour or Legumes Such as Beans or Lentils, are Sometimes used in Place of Wheat Flour to Yield a different Flavor and Texture, or As a Gluten-Free Alternative. Pasta is a Staple Food Ingredient of Italian Cuisine.
Pastas are Divided into Two Broad Categories:
Dried Pasta and
Fresh Pasta.
Most Dried Pasta is Produced Commercially Via An Extrusion Process. Fresh Pasta is Traditionally Produced by Hand, Sometimes with the Aid of Simple Machines. Fresh Pastas Available in Grocery Stores are Produced Commercially by Large-Scale Machines. Both Dried and Fresh Pastas come in a Number of Shapes and Varieties. Common Forms of Pasta include Long and Short Shapes, Tubes, Flat Shapes or Sheets, Miniature Shapes for Soup, those meant to be Filled or Stuffed, and Specialty or Decorative Shapes.
In Terms of Nutrition, Cooked Plain Pasta is 31% Carbohydrates (Mostly Starch), 6% Protein, and Low in Fat, with Moderate Amounts of Manganese. Pasta may be Enriched or Made from Whole Grains.
Basic Pasta Dough has been Made Mostly of Wheat Flour (गेहूं का आटा)
or Semolina (सूजी). Regionally other Grains have been Used, Including those from Barley (जौ), Rye (राई), Rice (चावल), and Maize (मक्का), as well as Chickpea Flours (चना का आटा).
To Address Needs of People Affected by Gluten-Related Disorders (Such as Coeliac Disease, Non-Celiac Gluten Sensitivity and Wheat Allergy Sufferers), Some Recipes Use Rice or Maize for Making Pasta. Grain Flours may also be Supplemented with Cooked Potatoes.
Other Additions to the Basic Flour-Liquid Mixture may Include Vegetable Purees such as Spinach or Tomato, Mushrooms, Cheeses, Herbs, Spices and Other Seasonings. While Pastas are, Most Typically, Made from Unleavened Doughs, the Use of Yeast-Raised Doughs are also known for at Least Nine Different Pasta Forms.
Additives in Dried, Commercially Sold Pasta include Vitamins and Minerals that are Lost from the Durum Wheat Seeds during Milling. They are Added Back to the Semolina Flour once it is Ground. MicroNutrients Added may include Niacin (Vitamin B3), Riboflavin (Vitamin B2), Folate, Thiamine (Vitamin B1), and Ferrous Iron.
Pasta is the Italian Name Given to a Type of Starchy Noodle or Dumpling Food or Dish Typically Made from Grain Flour, Commonly Wheat, Mixed into a Paste or Dough, Usually with Water or Eggs, and Formed or Cut into Sheets or Other Shapes. It is usually Cooked by Boiling, Baking or Frying. Rice Flour or Legumes Such as Beans or Lentils, are Sometimes used in Place of Wheat Flour to Yield a different Flavor and Texture, or As a Gluten-Free Alternative. Pasta is a Staple Food Ingredient of Italian Cuisine.
Pastas are Divided into Two Broad Categories:
Dried Pasta and
Fresh Pasta.
Most Dried Pasta is Produced Commercially Via An Extrusion Process. Fresh Pasta is Traditionally Produced by Hand, Sometimes with the Aid of Simple Machines. Fresh Pastas Available in Grocery Stores are Produced Commercially by Large-Scale Machines. Both Dried and Fresh Pastas come in a Number of Shapes and Varieties. Common Forms of Pasta include Long and Short Shapes, Tubes, Flat Shapes or Sheets, Miniature Shapes for Soup, those meant to be Filled or Stuffed, and Specialty or Decorative Shapes.
In Terms of Nutrition, Cooked Plain Pasta is 31% Carbohydrates (Mostly Starch), 6% Protein, and Low in Fat, with Moderate Amounts of Manganese. Pasta may be Enriched or Made from Whole Grains.
Basic Pasta Dough has been Made Mostly of Wheat Flour (गेहूं का आटा)
or Semolina (सूजी). Regionally other Grains have been Used, Including those from Barley (जौ), Rye (राई), Rice (चावल), and Maize (मक्का), as well as Chickpea Flours (चना का आटा).
To Address Needs of People Affected by Gluten-Related Disorders (Such as Coeliac Disease, Non-Celiac Gluten Sensitivity and Wheat Allergy Sufferers), Some Recipes Use Rice or Maize for Making Pasta. Grain Flours may also be Supplemented with Cooked Potatoes.
Other Additions to the Basic Flour-Liquid Mixture may Include Vegetable Purees such as Spinach or Tomato, Mushrooms, Cheeses, Herbs, Spices and Other Seasonings. While Pastas are, Most Typically, Made from Unleavened Doughs, the Use of Yeast-Raised Doughs are also known for at Least Nine Different Pasta Forms.
Additives in Dried, Commercially Sold Pasta include Vitamins and Minerals that are Lost from the Durum Wheat Seeds during Milling. They are Added Back to the Semolina Flour once it is Ground. Micro Nutrients Added may include Niacin (Vitamin B3), Riboflavin (Vitamin B2), Folate, Thiamine (Vitamin B1), and Ferrous Iron.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
2. 22
Kinds of LawKinds of Law
2 kinds of Laws2 kinds of Laws
SubstantiveSubstantive
- Determines rights, duties and liabilities of- Determines rights, duties and liabilities of
persons.persons.
(i) Criminal Side(i) Criminal Side
(ii)(ii) Civil SideCivil Side
3. 33
Adjective LawAdjective Law
- Defines pleading, procedure and proof in- Defines pleading, procedure and proof in
court by which substantive law is appliedcourt by which substantive law is applied
in practice.in practice.
(i) Procedural Law(i) Procedural Law
(ii) Evidence(ii) Evidence
4. 44
Law of EvidenceLaw of Evidence
DefinitionsDefinitions
ObjectsObjects
PrinciplesPrinciples
Major FunctionsMajor Functions
StructureStructure
ArrangementArrangement
5. 55
DefinitionsDefinitions
Blackstone:Blackstone:
““that which demonstrates, makes clear, orthat which demonstrates, makes clear, or
ascertains the truth of the very fact or point inascertains the truth of the very fact or point in
issue”.issue”.
Bentham: “any matter or facts, the effect,Bentham: “any matter or facts, the effect,
tendency or design of which produce in the mindtendency or design of which produce in the mind
a persuasion either affirmative or disaffirmativea persuasion either affirmative or disaffirmative
of the existence of some other fact”of the existence of some other fact”
6. 66
Stephen:Stephen:
The law of evidence determinesThe law of evidence determines
‘‘how the parties are to convince the Court ofhow the parties are to convince the Court of
the existence of that state of facts which,the existence of that state of facts which,
according to the provisions of substantiveaccording to the provisions of substantive
law, would establish the existence of thelaw, would establish the existence of the
right or liability which they allege to exist’right or liability which they allege to exist’
7. 77
Taylor:Taylor:
““ All the legal means, exclusive of mereAll the legal means, exclusive of mere
argument, which tend to prove or disproveargument, which tend to prove or disprove
any matter of fact, the truth of which isany matter of fact, the truth of which is
submitted to judicial investigation.”submitted to judicial investigation.”
8. 88
Phipson:Phipson:
““The two main senses of the words are: first, theThe two main senses of the words are: first, the
means apart from argument and inference,means apart from argument and inference,
whereby the Court is informed as to the issueswhereby the Court is informed as to the issues
of fact as ascertained by the pleadings;of fact as ascertained by the pleadings;
secondly, the subject matter of such means…secondly, the subject matter of such means…
Evidence in the first sense, means theEvidence in the first sense, means the
testimony, whether oral, documentary or real,testimony, whether oral, documentary or real,
which may be legally received in order to provewhich may be legally received in order to prove
or disprove some fact in dispute”or disprove some fact in dispute”
9. 99
ObjectsObjects
To prevent laxity in the admissibility ofTo prevent laxity in the admissibility of
evidenceevidence
To aid the court in drawing inferencesTo aid the court in drawing inferences
from circumstancesfrom circumstances
To assess the value of direct testimonyTo assess the value of direct testimony
10. 1010
PrinciplesPrinciples
Some of the important principles are such;Some of the important principles are such;
• Evidence must be confined to matters inEvidence must be confined to matters in
issue. Refer to s 5 Evidence Actissue. Refer to s 5 Evidence Act
• Hearsay evidence must not be admittedHearsay evidence must not be admitted
except in certain situationsexcept in certain situations
• Best evidence must be tendered in allBest evidence must be tendered in all
casescases
• No evidence is complete unless subjectedNo evidence is complete unless subjected
to cross examinationto cross examination
11. 1111
Major FunctionsMajor Functions
It determines howIt determines how
facts may be proved;facts may be proved;
• TestimonyTestimony
• HearsayHearsay
• ExhibitsExhibits
• EtcEtc
facts which need notfacts which need not
be proved;be proved;
Part II Evidence ActPart II Evidence Act
(i)(i) S 56S 56
(ii)(ii) S 57S 57
(iii)(iii) S 58S 58
12. 1212
StructureStructure
What sort of evidence which
must be given
By who and in what manner
the evidence must be proved
What facts maybe proved
or not proved
According to Stephen, Law of Evidence is theAccording to Stephen, Law of Evidence is the
part of law of procedure which with a view topart of law of procedure which with a view to
ascertain individual rights and liabilities.ascertain individual rights and liabilities.
14. 1414
Part II- On ProofPart II- On Proof
Types of evidence
to be given
Facts which need
not be proved
•Judicially noticed ss 56,57
•Facts admitted ss 58
Other facts if in issue
or relevant may be
proved
Documentary evidence
Ss 61-66, ss 67-73,
ss74-78 etc
Oral evidence
Ss 59,60
15. 1515
Part III-Production and Effect ofPart III-Production and Effect of
EvidenceEvidence
How?
Burden of Proof
-ss 101-114
Estoppel
-ss 115-117
Witnesses & Examination of
Witnesses
-ss 118-166
Improper admission and rejection of evidence
-s 167
16. 1616
Kinds of EvidenceKinds of Evidence
Direct and CircumstantialDirect and Circumstantial
Direct and HearsayDirect and Hearsay
Documentary HearsayDocumentary Hearsay
Oral and DocumentaryOral and Documentary
Real and PersonalReal and Personal
17. 1717
Direct and CircumstantialDirect and Circumstantial
(a) Direct Evidence(a) Direct Evidence
Direct (Positive) if proved by;Direct (Positive) if proved by;
* Actual production* Actual production
* Testimony* Testimony
* Admissible declaration of someone who has* Admissible declaration of someone who has
perceived itperceived it
Direct evidence is used in two senses;Direct evidence is used in two senses;
* Testimony* Testimony
* Statement by a witness as described in s 60 of* Statement by a witness as described in s 60 of
the Evidence Actthe Evidence Act
18. 1818
(b) Circumstantial (Indirect or(b) Circumstantial (Indirect or
Presumptive)Presumptive)
According toAccording to MunirMunir,,
““circumstantial evidence does not prove the pointcircumstantial evidence does not prove the point
the question but establishes it only by reference”the question but establishes it only by reference”
It relates to the existence or non-existence of aIt relates to the existence or non-existence of a
relevant fact only. Every relevant fact is a piecerelevant fact only. Every relevant fact is a piece
of circumstantial evidence which is evenof circumstantial evidence which is even
considered better than direct evidence.considered better than direct evidence.
19. 1919
CasesCases
Dato’ Mokhtar bin Hashim v. PP [1983] 2Dato’ Mokhtar bin Hashim v. PP [1983] 2
MLJ 232MLJ 232
Eng Sin v. PP [1974] 2 MLJ 306Eng Sin v. PP [1974] 2 MLJ 306
Sunny Ang v. PP [1966] 2 MLJ 195Sunny Ang v. PP [1966] 2 MLJ 195
20. 2020
Direct and HearsayDirect and Hearsay
(a) Direct(a) Direct
It may also refer to “original evidence”,It may also refer to “original evidence”,
proof of facts by first hand meansproof of facts by first hand means
It consists of facts perceived by a witnessIt consists of facts perceived by a witness
with his own sense-refer to s 60 of thewith his own sense-refer to s 60 of the
Evidence ActEvidence Act
21. 2121
(b)Hearsay(b)Hearsay
The oral or written statements of one whoThe oral or written statements of one who
is not called as a witness is a hearsay.is not called as a witness is a hearsay.
InIn Subramaniam v. PP [1956] 22 MLJ 220Subramaniam v. PP [1956] 22 MLJ 220;;
* If the object of evidence is to establish* If the object of evidence is to establish
the TRUTH of what is contained in thethe TRUTH of what is contained in the
statement = it is hearsay and NOTstatement = it is hearsay and NOT
admissible.admissible.
22. 2222
* If the object of evidence is to establish* If the object of evidence is to establish
the FACT that the statement was made =the FACT that the statement was made =
it is NOT hearsay and admissible.it is NOT hearsay and admissible.
23. 2323
ReasonsReasons
InIn REJECTINGREJECTING Hearsay:Hearsay:
(i) it is second hand evidence.(i) it is second hand evidence.
(ii) the truth is diluted and diminished with(ii) the truth is diluted and diminished with
each repetitioneach repetition
(iii) it tends to open the door for fraud(iii) it tends to open the door for fraud
(iv) it is not given on oath(iv) it is not given on oath
24. 2424
InIn ACCEPTINGACCEPTING Hearsay:Hearsay:
(i) Necessity or expediency as in s 32 and(i) Necessity or expediency as in s 32 and
s 33 of Evidence Acts 33 of Evidence Act
(ii) The circumstances under which a(ii) The circumstances under which a
statement was made, furnish a guaranteestatement was made, furnish a guarantee
to its truthto its truth
25. 2525
EXCEPTIONEXCEPTION to exclusion of Hearsayto exclusion of Hearsay
Hearsay evidence is deemed to beHearsay evidence is deemed to be
original as in the following situation;original as in the following situation;
(i) Statement forming part of res gestae(i) Statement forming part of res gestae
(ii) Statement of victim in rape or indecent(ii) Statement of victim in rape or indecent
assault, can be proved by the victim orassault, can be proved by the victim or
anyone by conduct.anyone by conduct.
(iii) Statement showing mental or bodily(iii) Statement showing mental or bodily
feeling.feeling.
26. 2626
Statement made in presence of party orStatement made in presence of party or
agentagent
Statement to corroborate that a witnessStatement to corroborate that a witness
had affirmed something on formerhad affirmed something on former
ocassion.ocassion.
27. 2727
Documentary HearsayDocumentary Hearsay
(a) Statement Hearsay(a) Statement Hearsay
Documentary evidence of the serialDocumentary evidence of the serial
numbers impressed in car enginesnumbers impressed in car engines
compiled by workmen not called ascompiled by workmen not called as
witnesses held inadmissible as hearsay inwitnesses held inadmissible as hearsay in
Myers v DPP [1956] AC 1001Myers v DPP [1956] AC 1001
28. 2828
(b) Absence of statements in evidence(b) Absence of statements in evidence
(c ) S 32 (b), 73 A(c ) S 32 (b), 73 A
29. 2929
Oral and DocumentaryOral and Documentary
(a) Oral(a) Oral
Refer to S 3 Evidence ActRefer to S 3 Evidence Act
It includes;It includes;
* Testimony* Testimony
* Hearsay* Hearsay
* Opinion* Opinion
30. 3030
(b) Documentary(b) Documentary
Refer to s 3 Evidence ActRefer to s 3 Evidence Act
It can be classified under two heads;It can be classified under two heads;
(i) Primary and Secondary(i) Primary and Secondary
Primary evidence is defined in s 62Primary evidence is defined in s 62
Evidence Act, it is the evidence which isEvidence Act, it is the evidence which is
required to be given first, best evidence ofrequired to be given first, best evidence of
a documenta document
31. 3131
Secondary evidence is defined in s 63Secondary evidence is defined in s 63
Evidence Act. It comprises copies or oralEvidence Act. It comprises copies or oral
evidence of contents of documents andevidence of contents of documents and
admissible only in certain cases asadmissible only in certain cases as
specified in s 65 Evidence Actspecified in s 65 Evidence Act
(ii) Public and Private(ii) Public and Private
Public documents are defined in s 74Public documents are defined in s 74
meanwhile private documents are definedmeanwhile private documents are defined
in s 75 Evidence Act.in s 75 Evidence Act.
32. 3232
Real and PersonalReal and Personal
(a) Real(a) Real
It also known as demonstrative orIt also known as demonstrative or
objective evidence where it comprises ofobjective evidence where it comprises of
material objects or things (other thanmaterial objects or things (other than
documents) produced for inspection bydocuments) produced for inspection by
the courtthe court
Refer to s 60(3) Evidence ActRefer to s 60(3) Evidence Act
33. 3333
(b) Personal(b) Personal
It comprises testimony of witnesses, whichIt comprises testimony of witnesses, which
may be either in the way of discourse ormay be either in the way of discourse or
by signs.by signs.
34. 3434
Evidence Act & Common LawEvidence Act & Common Law
Bank of England v. VaglianoBank of England v. Vagliano
(1891) AC 107 H/L(1891) AC 107 H/L
Issue: In construing a CodeIssue: In construing a Code
Principles:Principles:
(i) Examine the language(i) Examine the language
(ii) The natural meaning uninfluenced by any(ii) The natural meaning uninfluenced by any
considerations derived from the previous state ofconsiderations derived from the previous state of
lawlaw
(iii) The law should be ascertained by interpreting(iii) The law should be ascertained by interpreting
the language usedthe language used
(iv) Disregard what the law was before(iv) Disregard what the law was before
35. 3535
Mohamed Syedol Ariffin v Yeo Ooi GarkMohamed Syedol Ariffin v Yeo Ooi Gark
(1916) 2 AC 575 P/C(1916) 2 AC 575 P/C
Issue: In construing a CodeIssue: In construing a Code
Principles:Principles:
(i) Rule and principles of the colony must be(i) Rule and principles of the colony must be
accepted as it is found in its own Evidenceaccepted as it is found in its own Evidence
OrdinanceOrdinance
(ii) English principle not permissible if true and(ii) English principle not permissible if true and
actual meaning of statute be varied or deniedactual meaning of statute be varied or denied
effecteffect
36. 3636
Jayasena v RJayasena v R
(1970) AC 618 P/C Sri Lanka(1970) AC 618 P/C Sri Lanka
Issue: Ss 3 & 107 Sri Lanka Evidence Act 1950Issue: Ss 3 & 107 Sri Lanka Evidence Act 1950
Principles:Principles:
(i) Common law is malleable to the extent that the Code is(i) Common law is malleable to the extent that the Code is
notnot
(ii) Code embodied the old criminal law and cannot be(ii) Code embodied the old criminal law and cannot be
construed in the light of a decision that have changedconstrued in the light of a decision that have changed
the common lawthe common law
(iii) The burden that is shifted is the legal burden and to(iii) The burden that is shifted is the legal burden and to
discharge that presumption the quantum of proof is ondischarge that presumption the quantum of proof is on
the balance of probabilities (higher than BRD)the balance of probabilities (higher than BRD)
37. 3737
Cheng Swee Tiang v PPCheng Swee Tiang v PP
(1964) MLJ 291 CCA(1964) MLJ 291 CCA
Issue: Illegally obtained evidenceIssue: Illegally obtained evidence
Principles:Principles:
(i) No provision in the Evidence Act to exclude(i) No provision in the Evidence Act to exclude
(ii) Court did have discretion to exclude (majority)(ii) Court did have discretion to exclude (majority)
(iii) Evidence Act did not provide for discretions,(iii) Evidence Act did not provide for discretions,
Court has no power (Ambroze J dissenting)Court has no power (Ambroze J dissenting)
38. 3838
Yuvaraj v PPYuvaraj v PP
(1969) 2 MLJ 89 P/C(1969) 2 MLJ 89 P/C
Issue: Rebutting presumptionIssue: Rebutting presumption
Principles:Principles:
(i) There is a distinction between BRD and BOP though not(i) There is a distinction between BRD and BOP though not
referred in s 3 EAreferred in s 3 EA
(ii) No enactment is exhaustive(ii) No enactment is exhaustive
(iii) Evidence Act is part of the general corpus of the law-(iii) Evidence Act is part of the general corpus of the law-
where the Act is silent or fails to be explicit, can refer towhere the Act is silent or fails to be explicit, can refer to
Common lawCommon law
(iv) No intention of legislature to do away with well-known(iv) No intention of legislature to do away with well-known
concepts of the Common lawconcepts of the Common law
39. 3939
PP v SanassiPP v Sanassi
(1970) 2 MLJ 198(1970) 2 MLJ 198
Issue: Unsworn statement from the dockIssue: Unsworn statement from the dock
Principles:Principles:
(i) Statement of the accused from the dock is not(i) Statement of the accused from the dock is not
evidence. A witness testifies from the witnessevidence. A witness testifies from the witness
box and subject to X-exambox and subject to X-exam
(ii) Code is exhaustive only what is contained in(ii) Code is exhaustive only what is contained in
the Code itself. Other evidential provisions inthe Code itself. Other evidential provisions in
CPC, DDA, Seditious Act etcCPC, DDA, Seditious Act etc
40. 4040
PP v Glenn Knight JeyasingamPP v Glenn Knight Jeyasingam
(1999) 2 SLR 499(1999) 2 SLR 499
Issue: Reception of Common Law inIssue: Reception of Common Law in
SingaporeSingapore
Principles:Principles:
(i) The Code is a facilitative Act(i) The Code is a facilitative Act
(ii) Where the Code is silent we can receive(ii) Where the Code is silent we can receive
the Common Lawthe Common Law