free Drafting appearances and pleading notes - what is evidence

Posted on 31-03-2016        By ADMIN

free Drafting appearances and pleading notes - what is evidence

Drafting notes cs professional

drafting objective question

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As per Section 3 of the IndianEvidence Act, 1872, - “Evidence" means and includes - 

(1) All statements which theCourt permits or requires to be made before it by witnesses,

in relation to matters of factunder inquiry; such statements are called oral evidence.

(2) All documents produced forthe inspection of the Court; such documents are called

documentary evidence.  

Documentary Evidence is animportant piece of evidence of which the Court, Jury and

Tribunal take judicialcognizance. It is therefore imperative that the document is drafted

with utmost precision andapplication of mind. 

As per section 2(r) of the InformationTechnology Act,2000 - "electronic form" with

reference to information meansany information generated, sent, received or stored in

media, magnetic, optical,computer memory, micro film, computer generated micro fiche or similar device. 

As per section 92 of theInformation Technology Act, 2000, the Indian Evidence Act,

1872 shall be amended in themanner specified in the Second Schedule to this Act. 

As per the Second Schedule to theInformation Technology Act,2000, (a) in the definition

of "Evidence", for thewords "all documents produced for the inspection of the Court",

the words "all documentsincluding electronic records produced for the inspection of the

Court" shall besubstituted; 

Therefore we can say thatDocuments will also include Electronic records.  

Drafting may be done withreference to broadly three branches of documents:

1. Statutory Drafting

2. Conveyancing

3. Pleadings  

1. Statutory Drafting 

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