Kum7kumarr (learning) 20 November 2020

Need help for proceedings

Respected experts,

I have one query of one of my coelleagues. Few days ago Hon'ble bombay high court has directed through one SOP to subordinate courts that during covid 19 period, CASES IN WHICH SUBSTANTIAL EVIDENCE IS RECORDED, can be taken further for examination through video conferencing .

Does this sentence " cases in which substantial evidence is reocrded" means option a or b?

a) Cases where substantial evidence has already been recorded.

b) Cases which generally records substantial evidence(means its still penidng for substantial evidence to be recorded )

Could you please expain what substantial evidence basically means in legal terms. Expecting positive reponse as i am in a journey of learning.

Thanks in advace!

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4 Replies

Meenakshi Sakhare 20 November 2020

In my opinion this means, where trial has commenced prior to the covid and examination had already started and could not complete due to pandemic.

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G.L.N. Prasad (Retired employee.) 21 November 2020

Substantial Evidence means where Witness examination and cross-examination completed basing on which Court might have concluded or come to a formal decision through documentary evidence /admissions. Though HC gives such notifications, it is not certain that all the counsels agree to such a suggestion and particularly those who wanted to prolong the case knowing the fate of the case in advance and continuing only to harass the victim further.

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