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madhuri   13 September 2016

Oral evidence heard over phone

Friends,

 

I am facing a divorce litigation filed by my husband under HMA. It is not at the Evidence stage.

 

Section 60 of the Indian Evidence Act states that the oral evidence must be direct.

e.g. the witness refers to a fact which he heard means that he heard "while being present" to hear it.

 

Does it mean that the witness who heard it means he heard it over telephone? Is that acceptable?

 

In short, I want to distinguish the "hearing" by a witness.  "Hearing" A) "while being present at a scene" or B) "Over telephone"

 

What is acceptable under the Indian evidence act?

 

Kindly help me.

 

Madhuri



Learning

 3 Replies

innocenthusband   13 September 2016

Originally posted by : Martin Sujay
Ur giving advice or asking help? U seem to.be crosschecking. Consult able advocate locally. Don't mess your brain which is already messed up due to cases.

 

You don't own this forum. Anyone can crosscheck here, that is the purpose of this forum. Stop advising people if you have nothing to advise them. Don't waste peoples time with useless posts. You have gone on a posting spree posting nothing but trash in every thread. Please stop.

N.K.Assumi (Advocate)     13 September 2016

Even telegram's contents is hearsay evidence.

N.K.Assumi (Advocate)     14 September 2016

But preponderance should be reasonable one.


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