Section 91 vs. 92: The Great Paradox
evidence du_llb beginner late_night_postYeh dono sections to hi kehte hain ki parikshan ke time ki evidence ko accept nahin karenge, lekin kya faida hain? Section 91 mein likha hai ki parikshan ke time evidence ko accept karna zaroori hai, jabki Section 92 mein likha hai ki na hi. To problem yeh hai ki jab main kisi case mein section 91 ka istemal karna chahta hoon, to usi case mein section 92 ka bhi reference mil raha hai aur fir main dono hi sections par confuse ho raha hoon. Kyun hua yeh? Kya Section 91 ka istemal karne se main court mein fail kar sakta hoon?
3 Comments
Bhai, let's break it down - Section 91 gives consent of the court for recording statements, while Section 92 allows self-recorded statements with prior court permission. Both are paradoxical since they're similar yet different. Section 91 is for recordings outside, 92 is for inside recordings (police stations etc.). Agree, it's a grey area, needs more clarity. Your inputs?
Bhai, I think y'all are overcomplicating this. Section 91 and 92 are not 'paradoxes'. They're just two different legal provisions. 91 deals with inherent jurisdiction, while 92 gives courts power to grant interim reliefs. It's not a competition, na? Let's not make mountains out of molehills.
Ahahaha, 'The Great Paradox' indeed! Section 91 and 92 of the Code of Civil Procedure often confuse students. While Section 91 requires a court's permission for a defendant to raise a new defence, Section 92 allows for such a defence if the plaintiff was aware of it all along. I think the latter is more logical, as it's unfair to penalise a defendant for something the plaintiff already knew. What's your take?