Bare Act Search Results

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied on any suit or proceeding, necessarily follows. Explanation - Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....

Indian Evidence Act 1872 Part 3

Title: Production and Effect of Evidence

State: Central

Year: 1872

.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....

Government of India Act, 1915-19 [Repealed] Repealing Act 1

Title: Government of India Act, 1935

State: Central

Year: 1915

.....of ministers. (3) If any question arises whether any matter is or is not a matter as respects which the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, the decision, of the Governor-General in his discretion shall be final, and the validity of anything done by the Governor-General shall not be called in question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgment]. ___________________________ 1.These words up to the end of the section were omitted, by the India (Provisional Constitution) Order, 1947. 10. Other Provisions as to ministers (1) The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure. (2) A minister who for any period of six consecutive months is not a member of 1 [either Chamber of] the Federal Legislature shall at the expiration of that period cease to be a minister. (3) The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal.....

Government of India Act, 1935 Complete Act

State: Central

Year: 1935

.....council of ministers. (3) If any question arises whether any matter is or is not a matter as respects which the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, the decision of the Governor-General in his discretion shall be final, and the validity of anything done by the Governor-General shall not be called in question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgment]. SECTION 10: OTHER PROVISIONS AS TO MINISTERS (1) The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure. (2) A minister who for any period of six consecutive months is not a member of15[either Chamber of] the Federal Legislature shall at the expiration of that period cease to be a minister. (3) The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal Legislature so determine, shall be determined, by the Governor-General: Provided that the salary of a minister shall not be varied during his term.....

Indian Evidence Act 1872 Chapter 9

Title: Of Witnesses

State: Central

Year: 1872

.....that nothing in this section shall protect from disclosure-- (1) Any such communication made in furtherance of any 1 [illegal] purpose; (2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister, 2 [pleader], attorney or vakil was or was not directed to such fact by or no behalf of his client. Explanation.-The obligation staled in this section continues after the employment has ceased. Illustration (a) A, a client, says to B, an attorney--"I have committed forgery and I wish you to defend me". As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (b) A, a client, says to B, an attorney--"I wish to obtain possession of property by the use of forged deed on which I request you to sue". This communication, being made in furtherance of a criminal purpose, is not protected from disclosure. (c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B.....

Indian Evidence Act 1872 Section 126

Title: Professional Communications

State: Central

Year: 1872

.....that nothing in this section shall protect from disclosure-- (1) Any such communication made in furtherance of any 1 [illegal] purpose; (2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister, 2 [pleader], attorney or vakil was or was not directed to such fact by or no behalf of his client. Explanation.-The obligation staled in this section continues after the employment has ceased. Illustration (a) A, a client, says to B, an attorney--"I have committed forgery and I wish you to defend me". As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (b) A, a client, says to B, an attorney--"I wish to obtain possession of property by the use of forged deed on which I request you to sue". This communication, being made in furtherance of a criminal purpose, is not protected from disclosure. (c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B.....

Government of India Act, 1833 [Repealed] Repealing Act 1

Title: Government of India Act, 1915-1919

State: Central

Year: 1833

GOVERNMENT OF INDIA ACT, 1915-191 Preamble2 An Act to consolidate enactments relating to the government of India. whereas it is the declared policy of Parliament to provide for the increasing association of Indians in every branch of Indian administration, and for the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of the empire: AND WHEREAS progress in giving effect to this policy can only be achieved by successive stages, and it is expedient that substantial steps in this direction should now be taken: AND WHEREAS the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples: AND WHEREAS the action of Parliament in such matters must be guided by the co-operation received from those on whom new opportunities of service will be conferred, and by the extent to which it is found that confidence con be reposed in their sense of responsibility: AND WHEREAS concurrently with the gradual development of self-governing institutions in the provinces of India it is.....

Government of India Act, 1854 [Repealed] Repealing Act 1

Title: Government of India Act, 1915-1919

State: Central

Year: 1854

GOVERNMENT OF INDIA ACT, 1915-191 Preamble2 An Act to consolidate enactments relating to the government of India. whereas it is the declared policy of Parliament to provide for the increasing association of Indians in every branch of Indian administration, and for the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of the empire: AND WHEREAS progress in giving effect to this policy can only be achieved by successive stages, and it is expedient that substantial steps in this direction should now be taken: AND WHEREAS the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples: AND WHEREAS the action of Parliament in such matters must be guided by the co-operation received from those on whom new opportunities of service will be conferred, and by the extent to which it is found that confidence con be reposed in their sense of responsibility: AND WHEREAS concurrently with the gradual development of self-governing institutions in the provinces of India it is.....

Government of India Act, 1915 Complete Act

State: Central

Year: 1915

.....of a rightful owner. (4) All property vested in, or arising or accruing from property or rights vested in, His Majesty under the Government of India Act, 1858-, or this Act, or to be received or disposed of by the Secretary of State in Council under this Act, shall be applied in aid of the revenues of India. SECTION 21: CONTROL OF SECRETARY OF STATE OVER EXPENDITURE OF REVENUES -19[Subject to the provisions of this Act, and rules made thereunder], the expenditure of the revenues of India, both in British India and elsewhere, shall be subject to the control of the Secretary of State in Council, and no grant or appropriation of any part of those revenues, or of any other property coming into the possession of the Secretary of State in Council by virtue of the Government of India Act, 1858-, or this Act, shall be made without the concurrence of a majority of votes at a meeting of the Council of India:20[Provided that a grant or appropriation made in accordance with provisions or restrictions prescribed by the Secretary of State in Council with the concurrence of a majority of votes at a meeting of the Council shall be deemed to be made with the concurrence of a majority of such.....

Government of India Act, 1935 [Repealed] Section 220

Title: Constitution of High Courts

State: Central

Year: 1935

.....by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words--' the Governor-General may by order fix". 3. The Government of India (High Court Judges) Order, 1937 [18-3-1937]. 4. Added and deemed to have been so added immediately before the passing of the Act by the India (Miscellaneous Provisions) Act, 1944 (7 & 8 Geo. 6, Ch. 38), Ss. 2 and 6(1). 5. Omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6. 6. Inserted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., after this-- "and in computing the period during which a person has served as a judge of a High Court, or been a pleader of a High Court, or held judicial office in India, any period before the establishment of the Dominion during which the person has served as a judge or been a pleader of a High Court in British India or has held judicial office in India, as the case may be, shall be included".