Law of Evidence

S. 122 – 123

Privileged communication between husband and wife.

- Can’t be compelled to give evidence against the spouse

- Won’t be allowed to give oral evidence
- Exception given in case of divorce, cruelty, if consent is given, suit
- If information gets to a third person (reading a letter), the evidence would be
admissible.
- Under S.8 conduct, evidence can be admissible. If not admissible under one section, it
would be under another.

S.123 founded upon public policy wherein public good prevails over private good. “Official
document record unpublished/undisclosed” Link with Rafale jets info under MoD, Court used
S.123.

To be read with S.162

S.124 – Official communications

TPA

Ram Prakash v Navdir Singh

(A mortgages several properties in favour B, out of which one property sold to C, C asks for
claim partially, D says that my property has been mortgaged. Ultimate interest is that he
should receive the principal money.)

Next few cases will have the aspect of additional property, as opposed to isolated property
before.

Usually mortgagee claims for right, here mortgagor claims for additional property. Under
S.82, the manner of contributing is provided. To calculate C’s portion,
If value of first and second property is 2 and 3 lakh rupees respectively –

2/5 of 100000 (equal) [50000]

3/5 of 100000 (proportional to profit) [60000]

¼ of 100000

750000 as benefit to C (benefit)

Distribution will according to the benefit provided by the Loan.

S.82 is not the only law in this context. It provides for one particular method of calculation
that it should be proportionate to profit.

If S.82 (special law) wasn’t present, then S.43 of Indian Contract Act (general law)

1952 AIR 47

History

Use of tech by Naxals

Earlier Naxals used lathis and old weapons, now the nature of weapons has drastically
changed

Shift from traditional form to modern form as a result of funding factor

Cadets train Naxals in weaponry as well, IEDs, and other explosives (United Liberation F)

ISIS agents also train them, lots of channels in China, nepal and Bhutan

Naxals buy weapons from intl market, but that is very expensive (1k crore)

AK 47 10 year earlier 5 lakh rupees, but now its costly

India didn’t have a factory which makes AK series of rifles in Amethi, UP

In Bihar, in Munger, gun making is a cottage industry for a long time, bombs are also made
and sold like potatoes.

Indo-Nepal border – important border – Indian ARMY is very disciplined, but there are also
weak links everywhere, as a result, Naxals get weapons

Naxals have their own manufacturing centre, most of manufacturing centre in the base area
itself.

Nepal mein such factories were there, even make rocket launchers and test them, one such
incident killed thousands of people

EVIDENCE OF SUCH ROCKET launchers found, along with booby traps and wireless
mines, rockets, and are experts in producing the same along with CANNONS

Use a strong pipe, used for cannons, if surrounded by Para M forces, cannon produces smoke
in 100 metre region, helps them in escaping.

Made heavier weapons, regarding use of RDX, Naxals have no emphasize in using RDX

IEDs expertise, RDX AND TNT mein they are not adept, getting access to TNT is difficult

RDX 10x powerful than IEDs, TNT 10x more powerful than RDX

Surrenedered naxal, procuremteknt of weapons, shares his story, paid $1000000

Also have Day-night goggles and binocoulars,mtechnologically innovation from IEDs.

Different IED -Claymore IED, sharpnels in India moves in a circular motion, claymore fitted
on thick aluminium sheet, doesn’t deflect in other direction.

Explosives need to be protected from moisture, such that it is kept in water tank and dug deep
inside ground

Access to GPS, china made equipment, can attach IEDs to a water tank

Naidu attacked twice – once in a rally in 1988, put claymore in a bullock cart

In 2003, attacked in Tirupati temple, claymore attached to camera flash, Naidu survived as he
was in a bullet proof car

IED experts employed on paid on monthly basis, interception of police messages done.
Guerilla – expert in warfare.

That’s how arms are manufactured. Example – 2008. Water ambush, in Odisha, greyhounds
coming after naxal invasion, sensed that motor boat launchers.

Attacked by naxals 35/66 killed and drawn in reservoirs, shows their foresncic info

2010, Dantebara – bustar region, u75 enforcement officers got killed, IEDs used against
weapons.

Using highly sensitive, cognit, high frequency shares used , mobile phones, satellite, laptops,
internet also used.

Walkie-talkie – duakl pur[ose

Almost 40k destroyed, 60% nacessible funds stared. Chopper access to naxals in a doubt,
funds are beung used fr rasing their network

Police doesn’t have much acess to modern weapons, while Naxlals have..it’s high time that
this should be changed.

Sociology

Talaq e tehfiz - wife has liberty to divorce the husband

Kula and Mubarak under mutual agreement

13-4

Jurisprudence

What is a right?
Human beings are interested in various activities/protections. Content is equality, in light of
protection. Right to equality is a protection. The main emphasis is on interest. Various
interests are there. When state protects your interest, it’s called a right. Right is a shell,
interest is the content.

Rights are subject to public interest, public morality, and so on. Link w/ Article 19(1) to
19(6).

Interest of the general society will prevail over interest of an individual. Right are always
subject ot ultilitarian calculation in liberal democratic societies. Dworkin states that if rights
are subject to larger public interests, then state is not taking rights seriously. Not everything
should be according to public policy. Rights must be not subject ot utilitarian theories.
Rights in a strong sense must be anti-utilitarianism.

What rights can be anti-utilitarian theories?

Internal preference - what we want for ourselves. Context – 1950 in US, opposition of
homosexuality.

Internal and External preference (what others want for us)

Double conflict – rephrasing the question can help avoiding it.

Should homosexuality be allowed? To Should people be allowed to choose their partners?

An equal treatment is considered as a benchmark, (equal treatment vis-avis treatment as

equals)

No treatment should be equal, as per Dworkin. Equal treatment leads in inequality while
arriving at something.

Equal treatment is done via unequal process.

State should take into consideration internal preferences.

Formation of law should go through equal process.